Does pre-indictment delay violate a defendant's right to due process?

Pre-indictment delay does not violate a defendant's right to due process unless he can first show that he "suffer[ed] actual prejudice as a result of the delay." United States v. Butz, 982 F.2d 1378, 1380 (9th Cir.) (emphasis added), cert. denied, 114 S.Ct. 250 (1993). If the defendant "fails to demonstrate actual prejudice, our inquiry ends." United States v. Manning, 56 F.3d 1188, 1194 (9th Cir.1995). Smith and Regas do not direct us to any evidence demonstrating that they suffered actual prejudice because of the pre-indictment delay, and we decline to presume actual prejudice, as they ask us to do, inasmuch as our cases require an affirmative showing. We therefore conclude that the district court did not abuse its discretion by denying their motions to dismiss.