What is the test for establishing a presumption of prosecutorial vindictiveness?

To establish a presumption of prosecutorial vindictiveness, the defendant must show that "the circumstances of a case pose a 'realistic likelihood' of such vindictiveness." United States v. King, 126 F.3d 394, 397 (2d Cir. 1997) (quoting Blackledge v. Perry, 417 U.S. 21, 27 (1974)). The circumstances must present a realistic likelihood of vindictiveness that would be "applicable in all cases," Goodwin, 457 U.S. at 381, and any such presumption may be "overcome by objective evidence justifying the prosecutor's action," id. at 376 n.8. A presumption of vindictiveness generally does not arise in a pretrial setting. Koh, 199 F.3d at 639-40.