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Date: 01-26-2023

Case Style:

United States of America v. Justin Smith

Case Number: 1:22-cr-00082

Judge: Samantha D. Elliott

Court: United States District Court for the District of New Hampshire (Merrimack County)

Plaintiff's Attorney: United States Attorney’s Office in Concord

Defendant's Attorney:

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Description: Concord, New Hampshire criminal defense lawyer represented Defendant charged with distributing 40 grams and more of fentanyl.

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On August 27, 2019, at the direction of Federal Bureau of Investigation (FBI) agents, a cooperating individual (CI) met with Justin Smith,, age 34, of Rochester, to purchase 200 grams of fentanyl. Smith explained that he had just sold off some of his supply and only had 100 grams available, which he agreed to sell to the CI the following day.

On August 28, 2019, at the direction of the FBI, the CI drove to Smith’s apartment wearing a recording device. After approximately 20 minutes, surveillance units observed Smith leave his apartment and enter the CI’s car with a second individual. Once inside the car, Smith produced the fentanyl from a pocket and completed the deal. The CI noticed that Smith had a firearm in another pocket. Smith explained that he had just obtained the gun prior to the deal. Smith handed the firearm to the second individual who unloaded it prior to handing it to the CI. After handling the gun briefly to examine it, the CI handed the gun back to Smith. The defendant and the other individual then left the car. After they departed, the CI provided the drugs to a control agent. Laboratory analysis later confirmed the drugs to be 100.8 grams of fentanyl.

“This office will prosecute criminals who carry guns and deal drugs to the fullest extent of the law,” said U.S. Attorney Young. “This defendant sold over 100 grams of fentanyl. Thanks to the efforts of the FBI, we were able to bring the defendant to justice.”

“Criminals like Justin Smith have no business possessing deadly firearms for any reason, let alone to facilitate trafficking deadly fentanyl,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s sentence is another example of the FBI’s commitment to working with our law enforcement partners to take back our communities from violent drug traffickers and make our streets safer.”

This matter was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Aaron Gingrande.

21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B)(vi) Distributing Controlled Substance

Outcome: Defendant was sentenced to 70 months in prison.

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