United States of America v. Brian Elliott

Concord, New Hampshire criminal defense lawyer represented the Defendant charged with possessing firearms and ammunition as a prohibited person, and possessing with intent to distribute fentanyl in New Hampshire.



On May 22, 2021, Brian Elliott, age 32, fled on foot following a vehicle stop by a Goffstown Police Department officer. Elliott drove his vehicle at a high rate of speed on the wrong side of the road prior to jumping from his moving vehicle in order to flee from the pursuing officer. During a subsequent foot chase, he pointed a gun at the officer and threatened to shoot the officer. As described in the plea agreement, Elliott dropped a backpack containing approximately 138 grams of fentanyl and over 100 rounds of various types of ammunition. A loaded firearm was also recovered from the scene the next day. On May 24, 2021, Elliott was apprehended at a Holiday Inn in Manchester, after negotiators succeeded in getting him out of his room. A subsequent search of his hotel room yielded additional fentanyl, as well as another firearm and ammunition. Elliott was a convicted felon and was thus legally prohibited from possessing firearms.

The Federal Bureau of Investigation led the investigation. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Goffstown Police Department and Manchester Police Department. Assistant U.S. Attorneys Aaron Gingrande and Cam Le are prosecuting the case.



On June 8, 2023, Elliott pled guilty to one count of possessing with intent to distribute fentanyl, and two counts of being a felon in possession of firearms and ammunition.



21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) Possession with Intent to Distribute 40g or More of Fentanyl

(1)

18 U.S.C. §§ 922(g)(1) & 924(a)(2) Possession of Firearms and Ammunition by a Prohibited Person

(2)

18 U.S.C. §§ 922(g)(1) & 924(a)(2) Possession of Firearms and Ammunition by a Prohibited Person

(4)

Defendant was sentenced to 120 months in prison, followed by 5 years of supervised release.