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SUPERSEDING BILL OF INFORMATION FILED IN DRUG CONSPIRACY THAT LED TO OVERDOSE

April 2, 2008

FOR IMMEDIATE RELEASE

HENRY DEEB GABRIEL, III, age 23, a resident of New Orleans, Louisiana, was charged in a Superseding Bill of Information with conspiring with DIEGO A. PEREZ and DAVID C. BATTENBERG, who were previously charged in a Bill of Information filed on March 13, 2008, and other known individuals, to distribute quantities of heroin and cocaine hydrochloride, announced U. S. Attorney Jim Letten.

GABRIEL was also charged with distribution of a quantity of heroin to a person under twenty-one years of age. In Count 2 of the Superseding Bill, BATTENBERG is also charged with distribution of a quantity of heroin to a person under twenty-one years of age, as he was in the original Bill of Information. The Superseding Bill of Information added GABRIEL to the case.

The charges followed an investigation by the Federal Bureau of Investigation that was initiated following the overdose death of a 16 year old female in January, 2008. According to court documents, agents obtained numerous text messages from the cellular telephones of GABRIEL and PEREZ which detailed PEREZ’S acquisition of heroin for GABRIEL that was later distributed to the 16 year old female.

If convicted, GABRIEL, PEREZ and BATTENBERG face a maximum term of imprisonment of twenty (20) years, a fine of $1,000,000 and three (3) years of supervised release following any term of imprisonment as to the drug conspiracy charge as to Count 1. GABRIEL and BATTENBERG also faces a minimum term of imprisonment of one year and a maximum of forty (40) years imprisonment, a fine of $1,000,000 and six (6) years of supervised release following any term of imprisonment as to the distribution of heroin to a person under twenty-one years of age.

U. S. Attorney Letten reiterated that the bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

The case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U. S. Attorneys William J. Quinlan, Jr. and Maurice Landrieu.

(Download Superseding Bill of Information )