Foster

MEMORANDUM *

Appellant Clarence Lindsey Foster (“Foster”) was convicted by a jury of conspiracy to distribute methamphetamine. He appeals on the grounds that the case against him should have been dismissed due to pre-indictment delay, that the district court’s chastising of defense counsel during voir dire and trial prejudiced him and required the granting of a new trial, and that there was insufficient evidence to support his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 ; we reject Foster’s contentions and affirm.

With respect to the first issue Foster raises, his contention fails because he did not show prejudice from any pre-indictment delay. United States v. Huntley, 976 F.2d 1287, 1290 (9th Cir.1992). His arguments about what he might have been able to show in support of an alibi defense if certain records had not been destroyed are purely speculative, and he never represented that the lost records would show that he could not have been guilty of the charged crime. See United States v. Barken, 412 F.3d 1131, 1134 (9th Cir.2005); Huntley, 976 F.2d at 1290-91 ; United States v. Sherlock, 962 F.2d 1349, 1353-54 (9th Cir.1992). The district court, therefore,…