What is the standard of review for comment on a defendant's failure to testify or post-arrest silence?

The standard of review for prosecutorial comment on a defendant's failure to testify or post-arrest silence is unclear. Compare United States v. Mares, 940 F.2d 455, 461 (9th Cir.1991) (claim that prosecutor's closing argument violated defendant's Fifth Amendment rights is reviewed de novo) and United States v. Schuler, 813

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The use for impeachment purposes of a defendant's silence at the time of arrest and after receiving Miranda warnings violates due process. Doyle v. Ohio, 426 U.S. 610, 619, 96 S.Ct. 2240, 2245, 49 L.Ed.2d 91 (1976). However,