Ogbuehi

Marizu Ogbuehi, Eugene Teague, and Rosalie Williams were arrested by Customs Agents as Teague and Williams attempted to smuggle 2.5 pounds of heroin across the border at the San Ysidro Port of Entry. After his motion to suppress was denied, Teague entered a conditional guilty plea to conspiracy to import heroin ( 21 U.S.C. §§ 952 , 960, *809 963), importation of heroin and aiding and abetting ( 21 U.S.C. §§ 952 , 960 and 18 U.S.C. § 2 ), conspiracy to possess heroin with intent to distribute ( 21 U.S.C. §§ 841 (a)(1), 846), and possession of heroin with intent to distribute and aiding and abetting ( 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ). Teague appeals the denial of his motion to suppress, arguing that Customs Agents lacked a reasonable suspicion to detain him once he had cleared inspection, even though he was still on Port of Entry property; and that his post-arrest statements were taken in violation of his Miranda rights after he had made an equivocal request for counsel. He also argues that he should be sentenced based only on the heroin he carried rather than the total amount he and Williams carried.

Ogbuehi was convicted by a jury of the same counts. He argues that the…