Does the judge have been commenting adversely upon the fact that Defendant has not testified?

To revert to the defense motion for a mistrial, we find no suggestion either directly or implicitly, that the judge had been commenting adversely upon the fact that Defendant had not testified. Rather, he was stating a simple fact just as obvious to the jury as it was to the judge and to counsel. It is thoroughly understood that both under the Fifth Amendment, Griffin v. California, 380 U.S. 609, 612, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965), and under 18 U.S.C. 3481, Bruno v. United States, 308 U.S. 287, 294, 60 S.Ct. 198, 84 L.Ed. 257 (1939), no presumption shall run against a defendant who has not sought to testify.