How have the courts treated the issue of prosecutorial misconduct in the context of a mistrial?

6 To the extent that appellants might contend that their argument here includes a prosecutorial misconduct prong distinct from their primary mistrial focus, that contention is unavailing. We review prosecutorial comments to which a defendant objects for harmless error. United States v. Endicott, 803 F.2d 506, 513 (9th Cir.1986). We attempt to discern "whether allegedly improper behavior, considered in the context of the entire trial ..., affected the jury's ability to judge the evidence fairly." Id. Here, the prosecutor's comment was an isolated reference during an hour-long closing argument; the trial court sustained appellants' objection to the arguably personalized "your mother and your family" language; the prosecutor immediately rephrased her thought; and, finally, neither appellant asked the trial judge to give a curative instruction, although the prosecutor herself suggested that particular cure.

7 The trial court applied the 1987 version of the Guidelines because the government urged her to do so and because the "offense levels set forth have become more onerous as subsequently amended." The judge recognized that the general statutory requirements mandate application of the Guidelines that are in effect on the date of sentencing. See 18 U.S.C. 3553(a)(4); see also United States v. Monroe, 943 F.2d 1007, 1018 n. 13 (9th Cir.1991), cert. denied, 112 S.Ct. 1585 (1992).