United States v. George Horacio Lorenzo

Lorenzo was convicted of possessing and attempting to pass counterfeit United States currency in violation of 18 U.S.C. § 471 (1970). He raises four questions on this appeal: Whether there was a violation of his due process rights when a government agent testified that Lorenzo remained silent in the face of an accusatory question during a post-Miranda warnings interrogation; whether the granting of a mistrial and subsequent retrial was double jeopardy; whether reversible error was committed in the failure to give certain requested jury instructions; and whether the evidence was sufficient to sustain the conviction. We affirm.

I

Lorenzo is a native of Argentina. In 1968, he moved to Canada where he worked in electronics and operated an importing business. In connection with his importing business, he occasionally returned to Argentina. During one such trip, he claims to have met one Fernando Sirus. The government denies the existence of Sirus, contending that it is merely an alias used by Lorenzo.

Lorenzo claims that in August 1969, Sirus visited him in Canada and stayed in Lorenzo’s house trailer which was located several miles from his home. Lorenzo testified that he told…