Harrison

MEMORANDUM *

Appellant Terence Harrison appeals the district court’s denial of his motion to dismiss the indictment against him for preindictment delay. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Harrison was convicted of one count of mail fraud for his part in a scheme to defraud lending institutions by submitting false loan applications. See 18 U.S.C. §§ 1341 , 1342. Although the last allegedly unlawful act occurred in 1993, and the government’s investigation commenced on or before that date, Harrison was not indicted until 1998, days before the expiration of the five-year statute of limitations. Harrison was convicted on the strength of the testimony of two informants, including his ex-wife and former business partner, and another alleged coconspirator. Harrison asserted that, as a result of the government’s unreasonable delay, business records were destroyed that would have impeached his ex-wife’s testimony and corroborated his defense that he knew nothing of the fraud. The district court rejected Harrison’s motion. After holding several hearings regarding the contents of the lost records, the court concluded that Harrison had suffered no actual prejudice.…