What is the current state of the law on vindictiveness in a criminal case?

The Due Process Clause forbids prosecutions that vindictively punish a person for exercising constitutional, statutory, or procedural rights. See United States v. Goodwin, 457 U.S. 368, 372 (1982) (stating that punishing a person for acting legally is due process violation). Criminal defendants may demonstrate vindictiveness by proving that the prosecutor actually had a vindictive motive. Id. at 384. Alternatively, criminal defendants may demonstrate vindictiveness by showing that the circumstances warrant a presumption of vindictiveness. United States v. Gallegos-Curiel, 681 F.2d 1164, 1167 (9th Cir.1982).