The defendant's refusal to answer certain questions during his custodial interrogation by a Federal Agent constituted an invocation of his right to remain silent. In informing the defendant of his Miranda rights before beginning the interrogation, the agent told the defendant that if there were some questions he did not want to answer, he could just bypass, and say he did not want to answer that one. The defendant used the very words provided to him by the agent when he said in response to a question, "I don't want to answer that," and in response to another question, "Rather not answer that," and "I'm not even going to answer that." In the second instance, the defendant also quoted the Miranda warning virtually verbatim in invoking his right. The Seventh Circuit went on to hold that the error in the admission of portions of the videotape of the interrogation in which the defendant invoked his right to remain silent was harmless beyond a reasonable doubt.

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