CONTIE, Senior Circuit Judge.
Appellant Thomas Wesley Bond appeals the district court’s denial of his motion to dismiss his indictment based on appellee’s violation of his right to a speedy trial under the Speedy Trial Act 18 U.S.C. § 3161 and his subsequent conviction following a guilty plea to bank robbery.
[629]*629I.
On December 30, 1987 appellant Thomas Wesley Bond and Theresa Bell robbed a Louisville, Kentucky branch of the Future Federal Savings Bank. Appellant entered the bank, brandishing a .357 magnum revolver, and ordered all occupants to the floor. He fled with $10,677 across state lines to a hotel in New Albany, Indiana, where he was arrested. The grand jury subsequently indicted appellant for the armed robbery. The indictment charged appellant with two counts. Count 1 charged the appellant and Bell with bank robbery and with aiding and abetting bank robbery in violation of 18 U.S.C. § 2113(a). Count 2 charged them with armed bank robbery and aiding and abetting armed bank robbery in violation of 18 U.S.C. § 2113(d).
On December 20, 1988, appellant pleaded guilty to both counts in the indictment. On January 23, 1989 the case was passed for sentencing, and the United States informed the district court that, pursuant to a plea agreement, it would move for leave to dismiss Count 2, and that appellant would only plead guilty to Count 1 of the indictment. The district court then established a factual basis for the guilty plea on Count 1.
Subsequently, appellant learned that the Commonwealth of Kentucky might also prosecute him on the same charges. He therefore moved to withdraw his guilty plea, and the district court granted the motion.
After consultation between the United States and the Commonwealth, the Commonwealth agreed not to prosecute the appellant for the same crimes if he entered a plea of guilty to the federal charges. The appellant thereafter reentered his guilty pleas. The district court, however, failed to reestablish the factual basis for the guilty pleas.
Pursuant to another plea agreement, the United States moved on January 25, 1989 for leave to dismiss Count 2 of the indictment, which the district court dismissed on January 26, 1989. On January 26, 1989, the district court sentenced the appellant to 240 months in prison on Count 1. The appellant was incarcerated in the federal prison at Leavenworth, Kansas.
On April 16, 1990, appellant filed a writ of habeas corpus, seeking to vacate his sentence, pursuant to 28 U.S.C. § 2255. On May 9, 1990 the district court granted appellant’s motion, concluding that its failure to reestablish the factual basis for appellant’s guilty plea on Count 1 required vacation of his sentence. The court ordered appellant to be returned to the Western District of Kentucky “for further proceedings, at which time he may plead anew.”
On June 14,1990, appellant entered pleas of not guilty to both counts of the indictment. The district court set an August 2, 1990 trial date. On July 31,1990, appellant moved to dismiss the indictment, alleging that the court’s August 2, 1990, trial date violated his rights to a speedy trial under the Speedy Trial Act 18 U.S.C. § 3161 et seq. More specifically, appellant alleged that the Speedy Trial Act required that appellant be brought to trial within seventy days of May 9, 1990 (the date that the district court vacated his earlier plea). Since the August 2 trial date was not within seventy days of the May 9 order, appellant contended that the indictment should be dismissed. The district court concluded that the motion affected the jurisdiction of the court, and therefore remanded the matter from the August 2, 1990 trial calendar.
On September 24, 1990, the district court ruled that “18 U.S.C. § 3161(h)(1)(H) extends by 10 days the seventy day period within which the defendant must be brought to trial.” Joint Appendix at 83. “Thus, at the time the defendant’s motion to dismiss was filed, the time had not expired.” Id. Accordingly, the district court denied the appellant’s motion to dismiss.
On March 19, 1991, the appellant entered a guilty plea to Count 1 of the indictment. Pursuant to a Rule 11(a)(2) plea agreement, appellant preserved his right to appeal the district court’s denial of his motion to dismiss under the Speedy Trial Act. On April 30, 1991 the United States moved to dismiss Count 2 of the indictment. On May 6, [630]*6301991, the district court entered a Judgment and Commitment Order dismissing Count 2 of the indictment and sentenced appellant to 240 months in prison. The appellant filed a timely notice of appeal on May 16, 1991.
II.
Appellant contends that the district court erred by not starting the computation of the limitations period under the Speedy Trial Act on May 9, 1990, the date when the district court first vacated appellant’s guilty plea. As such, appellant argues, the district court incorrectly concluded that the August 2, 1990 trial date fell within the seventy day period within which a defendant must be tried. Conversely, the government essentially agrees with the district court’s application of the Speedy Trial Act, and argues that even if this court were to adopt appellant’s reading of the Speedy Trial Act, and begin counting the seventy day limitations period from May 9, 1990, certain tolling provisions prevented the limitations period from expiring prior to the August 2 trial date.
The resolution of this dispute turns on an interpretation of the provisions of the Speedy Trial Act (the “Act”) 18 U.S.C. § 3161 et seq., a literal reading of which does not precisely answer the question presented by the parties here. In general, the Act specifies time limits within which a defendant must be tried. Section 3161(c)(1) provides:
In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.
18 U.S.C. § 3161(c)(1). Failure to comply with these limitations allows the district court to dismiss the charges with or without prejudice, depending on the presence or absence of factors set forth in the statute. 18 U.S.C. § 3162(a)(2).
Section 3161(e) makes the section 3162 dismissal sanction applicable only to retrials which do not commence within seventy days of a declaration of mistrial, an appeal or a collateral attack on the validity of a prior trial.
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CONTIE, Senior Circuit Judge.
Appellant Thomas Wesley Bond appeals the district court’s denial of his motion to dismiss his indictment based on appellee’s violation of his right to a speedy trial under the Speedy Trial Act 18 U.S.C. § 3161 and his subsequent conviction following a guilty plea to bank robbery.
[629]*629I.
On December 30, 1987 appellant Thomas Wesley Bond and Theresa Bell robbed a Louisville, Kentucky branch of the Future Federal Savings Bank. Appellant entered the bank, brandishing a .357 magnum revolver, and ordered all occupants to the floor. He fled with $10,677 across state lines to a hotel in New Albany, Indiana, where he was arrested. The grand jury subsequently indicted appellant for the armed robbery. The indictment charged appellant with two counts. Count 1 charged the appellant and Bell with bank robbery and with aiding and abetting bank robbery in violation of 18 U.S.C. § 2113(a). Count 2 charged them with armed bank robbery and aiding and abetting armed bank robbery in violation of 18 U.S.C. § 2113(d).
On December 20, 1988, appellant pleaded guilty to both counts in the indictment. On January 23, 1989 the case was passed for sentencing, and the United States informed the district court that, pursuant to a plea agreement, it would move for leave to dismiss Count 2, and that appellant would only plead guilty to Count 1 of the indictment. The district court then established a factual basis for the guilty plea on Count 1.
Subsequently, appellant learned that the Commonwealth of Kentucky might also prosecute him on the same charges. He therefore moved to withdraw his guilty plea, and the district court granted the motion.
After consultation between the United States and the Commonwealth, the Commonwealth agreed not to prosecute the appellant for the same crimes if he entered a plea of guilty to the federal charges. The appellant thereafter reentered his guilty pleas. The district court, however, failed to reestablish the factual basis for the guilty pleas.
Pursuant to another plea agreement, the United States moved on January 25, 1989 for leave to dismiss Count 2 of the indictment, which the district court dismissed on January 26, 1989. On January 26, 1989, the district court sentenced the appellant to 240 months in prison on Count 1. The appellant was incarcerated in the federal prison at Leavenworth, Kansas.
On April 16, 1990, appellant filed a writ of habeas corpus, seeking to vacate his sentence, pursuant to 28 U.S.C. § 2255. On May 9, 1990 the district court granted appellant’s motion, concluding that its failure to reestablish the factual basis for appellant’s guilty plea on Count 1 required vacation of his sentence. The court ordered appellant to be returned to the Western District of Kentucky “for further proceedings, at which time he may plead anew.”
On June 14,1990, appellant entered pleas of not guilty to both counts of the indictment. The district court set an August 2, 1990 trial date. On July 31,1990, appellant moved to dismiss the indictment, alleging that the court’s August 2, 1990, trial date violated his rights to a speedy trial under the Speedy Trial Act 18 U.S.C. § 3161 et seq. More specifically, appellant alleged that the Speedy Trial Act required that appellant be brought to trial within seventy days of May 9, 1990 (the date that the district court vacated his earlier plea). Since the August 2 trial date was not within seventy days of the May 9 order, appellant contended that the indictment should be dismissed. The district court concluded that the motion affected the jurisdiction of the court, and therefore remanded the matter from the August 2, 1990 trial calendar.
On September 24, 1990, the district court ruled that “18 U.S.C. § 3161(h)(1)(H) extends by 10 days the seventy day period within which the defendant must be brought to trial.” Joint Appendix at 83. “Thus, at the time the defendant’s motion to dismiss was filed, the time had not expired.” Id. Accordingly, the district court denied the appellant’s motion to dismiss.
On March 19, 1991, the appellant entered a guilty plea to Count 1 of the indictment. Pursuant to a Rule 11(a)(2) plea agreement, appellant preserved his right to appeal the district court’s denial of his motion to dismiss under the Speedy Trial Act. On April 30, 1991 the United States moved to dismiss Count 2 of the indictment. On May 6, [630]*6301991, the district court entered a Judgment and Commitment Order dismissing Count 2 of the indictment and sentenced appellant to 240 months in prison. The appellant filed a timely notice of appeal on May 16, 1991.
II.
Appellant contends that the district court erred by not starting the computation of the limitations period under the Speedy Trial Act on May 9, 1990, the date when the district court first vacated appellant’s guilty plea. As such, appellant argues, the district court incorrectly concluded that the August 2, 1990 trial date fell within the seventy day period within which a defendant must be tried. Conversely, the government essentially agrees with the district court’s application of the Speedy Trial Act, and argues that even if this court were to adopt appellant’s reading of the Speedy Trial Act, and begin counting the seventy day limitations period from May 9, 1990, certain tolling provisions prevented the limitations period from expiring prior to the August 2 trial date.
The resolution of this dispute turns on an interpretation of the provisions of the Speedy Trial Act (the “Act”) 18 U.S.C. § 3161 et seq., a literal reading of which does not precisely answer the question presented by the parties here. In general, the Act specifies time limits within which a defendant must be tried. Section 3161(c)(1) provides:
In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.
18 U.S.C. § 3161(c)(1). Failure to comply with these limitations allows the district court to dismiss the charges with or without prejudice, depending on the presence or absence of factors set forth in the statute. 18 U.S.C. § 3162(a)(2).
Section 3161(e) makes the section 3162 dismissal sanction applicable only to retrials which do not commence within seventy days of a declaration of mistrial, an appeal or a collateral attack on the validity of a prior trial. This subsection states, in pertinent part:
If the defendant is to be tried again following a declaration by the trial judge of a mistrial or following an order of such judge for a new trial, the trial shall commence within seventy days from the date the action occasioning the retrial becomes final. If the defendant is to be tried again following an appeal or a collateral attack, the trial shall commence within seventy days from the date the action occasioning the retrial becomes final.... The periods of delay enumerated in section 3161(h) are excluded in computing the time limitations specified in this section. The sanctions of section 3162 apply to this subsection.
18 U.S.C. § 3161(e).
Similarly, section 3161(i) applies in equal fashion to cases in which the defendant withdraws a plea of guilty. Section 3161(i) states: ■
If trial did not commence within the time limitation specified in section 3161 because defendant had entered a plea of guilty ... subsequently withdrawn to any and all charges in an indictment or information, the defendant shall be deemed indicted with respect to all charges therein contained within the meaning of section 3161, on the day the order permitting withdrawal of the plea becomes final.
18 U.S.C. § 3161(i).
Based on a literal reading of the above provisions of the Speedy Trial Act, it is clear that Congress did not specifically contemplate cases where a defendant’s guilty plea was later vacated by the trial court. In such cases, a defendant has never gone through trial, hence section 3161(e)’s protection of a defendant’s rights on retrial do not apply because a defendant who has never been tried cannot later be retried. [631]*631Likewise, read strictly, section 3161(i) applies only to situations where the defendant withdraws a guilty plea, and not where, as here, the trial court vacates his prior plea agreement. Thus, we must look beyond the plain wording of the Act to discern how it is to he applied to guilty pleas later vacated on collateral attack.
This circuit has not yet spoken with respect to the application of the Speedy Trial Act to cases where a defendant’s guilty plea is later vacated collaterally by the trial court. However, the First Circuit did address this precise question in United States v. Mack, 669 F.2d 28 (1st Cir.1982), and we find its reasoning to be sound. In Mack, the court relied on the legislative history in concluding that section 3161(e) and not 3161(i) applies to cases where a defendant’s guilty plea agreement is vacated. The court noted that Congress intended for section 3161(i) to prevent a defendant from entering a “plea of guilty on the 59th day to one of several charges and wait several weeks, and then withdraw his plea before sentencing, thereby frustrating any prosecution on the other counts which might not yet have been dismissed.” Mack, 669 F.2d at 31-32 (quoting 120 CONG.REC. 41623 (1974)). Since this problem is not presented in cases where the court vacates a guilty plea, the Mack court concluded that section 3161(i) did not apply to cases of this type. Instead, the court reasoned that section 3161(e) is more appropriately applied to situations where a defendant’s guilty plea is later vacated by a district court on habeas review. The court did “not think that the words ‘tried again’ in § 3161(e) was intended to exclude from its coverage cases involving a successful collateral attack upon a guilty plea conviction rather than after trial.” Mack, 669 F.2d at 32. The reasoning of Mack appears to be in accord with the policy behind the Speedy Trial Act and therefore we believe it should be followed by this circuit.1
The decision of whether to follow section 3161(e) or (i) is significant because such a determination will control the date on which the Act’s limitations period begins to run. Appellee argues that section 3161(i) should apply, and that the time limitation should not start running until June 14, 1991, the date when appellant actually pleaded anew. Whether or not this interpretation has merit is not important because, as concluded above, section 3161(e) properly applies in cases where the trial court vacates a guilty plea. Therefore, we must address the question of when the Speedy Trial clock starts running under section 3161(e).
Section 3161(e) states that the seventy day period shall begin running from “the date the action occasioning retrial becomes final.” Appellee argues that the computation of time should begin only once the district court set the case for trial on June 14, 1990 as that was the date most analogous to a retrial order. However, this argument is not supported by the case-law, which, in fact points to an earlier date. In United States v. Lasteed, 832 F.2d 1240, 1242 (11th Cir.1987), cert. denied, 485 U.S. 1022, 108 S.Ct. 1578, 99 L.Ed.2d 893 (1988), the court noted that the circuits are split as to when to begin counting the limitations period under section 3161(e). It recognized that, in the context of an appeal of an earlier trial court decision, the circuits have agreed that the operative date is either the date that the court of appeals’ decision ordering retrial is released, United States v. Felton, 811 F.2d 190, 198 (3rd Cir.), cert. denied, 483 U.S. 1008, 107 S.Ct. 3235, 97 L.Ed.2d 740 (1987); United States v. Robertson, 810 F.2d 254, 259 (D.C.Cir.1987); United States v. Rush, 738 F.2d 497, 509 (1st Cir.1984), cert. denied, 470 U.S. 1004, 105 S.Ct. 1355, 84 L.Ed.2d 378 (1985); United States v. Ross, 654 F.2d 612, 616 [632]*632(9th Cir.1981), cert. denied, 455 U.S. 926, 102 S.Ct. 1290, 71 L.Ed.2d 470 (1982); United States v. Russo, 550 F.Supp. 1315, 1319 (D.N.J.1982), aff'd, 722 F.2d 736 (3d Cir.1983), cert. denied, 464 U.S. 1045, 104 S.Ct. 716, 79 L.Ed.2d 179 (1984), or the date when the district court received the court of appeals’ mandate that retrial is necessary, United States v. Crooks, 804 F.2d 1441, 1445 (9th Cir.1986); United States v. Ferris, 751 F.2d 436, 438-39 (1st Cir.1984); United States v. Gilliss, 645 F.2d 1269, 1276 (8th Cir.1981). Analogizing these cases to the facts of our case, we must conclude that the date that the limitations period begins to run is May 9, 1990, the date that the district court vacated the appellant’s guilty plea. Since, in this context, the date when the order was issued and the date when it was received by the district court was one in the same, we conclude that May 9, 1990 is the date on which we must begin our application and analysis of the Speedy Trial Act.
Appellee argues that even if the Act begins to run on the date that the district court granted appellant’s habeas petition and ordered further proceedings, the seventy day limitations period was tolled for a sufficient length of time to avoid any Speedy Trial Act violation. In particular, appellee points to section 3161(h)(1)(H) which provides that the seventy day period will be tolled during any delay caused by “the transportation of [the] defendant from another district, ... except that any time consumed in excess of ten days from the date an order of removal or an order directing such transportation, and the defendant’s arrival at the destination shall be presumed unreasonable.” 18 U.S.C. § 3161(h)(1)(H). In this case, section 3161(h)(1)(H) would entitle appellee to a ten day suspension of the seventy day period in order to facilitate the transportation of appellant from Leavenworth back to the district court.
Appellant argues, however, that this ten day extension should not apply because it, in fact, took 27 days to transfer appellant back to district court, and section 3161(h)(1)(H) deems any period over ten days as presumptively unreasonable. We disagree with appellant’s interpretation. Section 3161(h)(1)(H) merely states that no more than ten days will be excluded, even if the actual transportation of the defendant exceeds ten days. Therefore, we hold that appellee should benefit from the ten day tolling provision of section 3161(h)(1)(H), thereby setting the initial date for the computation of time under the Act at May 19, 1990.
Furthermore, appellee contends that this ten day extension is enlarged by Fed. R.Crim.P. 45(a) which excludes Saturdays, Sundays and legal holidays from any time limitation less than eleven days. We agree. In United States v. Edgecomb, 910 F.2d 1309 (6th Cir.1990), the Sixth Circuit applied this rationale to a similar fact situation, thereby extending the original ten day period. Id. at 1315. Because there were two Saturdays and two Sundays in this ten day period, section 3161(h)(1)(H) tolled the Speedy Trial Act until May 23, 1990.
Taking May 23, 1990 as our starting point for computing the time prescribed by the Speedy Trial Act, we recognize that the August 2, 1990 trial date falls outside of the seventy day limitations period. Nevertheless, we find that the Speedy Trial Act was not violated because the August 2, 1990 trial date is not the date to which we must look. This is because appellant, on July 31, 1990, filed a motion with the district court raising his speedy trial claim for the first time. According to 18 U.S.C. § 3161(h)(1)(F) “delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on ... such motion” shall be excluded in computing the limitations period. Because at the time appellant’s motion to dismiss was filed, the seventy day limitations period had not expired, the Speedy Trial Act was tolled beyond the challenged August 2, 1990 trial date. Thus, the Speedy Trial Act was not violated.
III.
For the foregoing reasons, the decision of the district court is AFFIRMED.