Does a prosecutor violate due process when he seeks a superseding charge against a defendant for exercising his constitutional right?

"A prosecutor violates due process when he seeks additional charges solely to punish a defendant for exercising a constitutional or statutory right." United States v. GamezOrduo, 235 F.3d 453, 462 (9th Cir.2000). The district court found that the prosecutor submitted the superseding indictment "before he had notice" that the defense was going to move to sanction the prosecutor. The prosecutor therefore couldn't have been "seek [ing] ... to punish [Rosales] for exercising" his rights. Id.