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FEDERAL GRAND JURY RETURNS SUPERSEDING INDICTMENT AGAINST NEW ORLEANS MAN FOR FEDERAL FIREARM AND DRUG OFFENSES

October 8, 2009

FOR IMMEDIATE RELEASE

BRANDON BERRY, age 21, of New Orleans, Louisiana, was charged in a three count superseding indictment by a Federal Grand Jury with being a felon in possession of a firearm, possession with the intent to distribute a quantity of marijuana, and possession of a firearm in furtherance of a drug trafficking crime, announced U. S. Attorney Jim Letten.

According to the indictment, BERRY had previously been convicted of simple burglary, making him a prohibited person in possession of a firearm.

BERRY faces a maximum term of imprisonment of ten (10) years, a fine of $250,000.00 and three (3) years of supervised release following any term of imprisonment for Count 1. BERRY faces a maximum term of imprisonment of five (5) years, a fine of $250,000 and at least two (2) years of supervised release following any term of imprisonment for Count 2. BERRY faces a maximum term of life imprisonment with a mandatory minimum of five (5) years to run consecutively to all other terms of imprisonment, a fine of $250,000 and up to five (5) years of supervised release following any term of imprisonment for Count 3.

U. S. Attorney Letten reiterated that the indictment is merely a charging instrument and that the guilt of the defendant must be proven beyond a reasonable doubt.

The case is being investigated jointly by the Gretna Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and prosecuted by Assistant United States Elizabeth Privitera.

(Download Superseding Indictment )