What is the standard of review in a selective prosecution claim?

There is a split in this circuit over whether the standard of review in a selective prosecution claim is abuse of discretion or clear error. United States v. Aguilar, 883 F.2d 662, 705 (9th Cir.1989), cert. denied, 111 S.Ct. 751 (1991). The standard of review in a vindictive prosecution case is also unsettled. People of Territory of Guam v. Fegurgur, 800 F.2d 1470, 1472 (9th Cir.1986), cert. denied, 480 U.S. 932 (1987); United States v. Gann, 732 F.2d 714, 724 (9th Cir.), cert. denied, 469 U.S. 1034 (1984) (citing cases applying the "abuse of discretion" and the "clearly erroneous" standards). The de novo standard was applied in United States v. Martinez, 785 F.2d 663, 666 (9th Cir.1986). We would reach the same result in this case under any of the stated standards of review.