Herkimer County Felon Sentenced to 88 Months for Possessing and Intending to Distribute Cocaine and Possession of a Firearm by a Felon

SYRACUSE, NEW YORK - Michael Austin, age 47, of Frankfort, New York, was sentenced today to 88 months' imprisonment for possessing with intent to distribute cocaine and possessing two firearms as a felon. Acting United States Attorney John A. Sarcone III and Bryan DiGirolamo, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) made the announcement.

As part of his prior guilty plea, Austin admitted that between April 2024 and August 2024, he sold approximately 13 ounces of cocaine to one customer over the course of 7 transactions, and on August 15, 2024, he possessed an additional 78 grams of cocaine at his residence, which he intended to distribute to others. Austin further admitted that on July 26, 2024, he illicitly sold two handguns to that same customer despite having been convicted in federal court of conspiracy to possess with intent to distribute cocaine and cocaine base in 2010. He was sentenced to 67 months' imprisonment for that offense.

Acting U.S. Attorney Sarcone stated: "Michael Austin didn't learn his lesson after already spending years in federal prison. He continued to endanger the residents of Herkimer County by illegally peddling drugs and firearms. Today's sentence sends the message to him and other would-be traffickers of drugs and firearms that the U.S. Attorney's Office will relentlessly pursue dangerous criminals to keep our communities safe."

Special Agent in Charge DiGirolamo said: "Illegal firearms in the hands of convicted felons, combined with drug trafficking, create a cycle of danger that threatens every layer of our community. ATF and our law enforcement partners remain committed to stopping that cycle of violence. This sentencing reflects the power of collaboration-ATF NY Syracuse Field Office, DEA, New York State Police, the U.S. Attorney's Office NDNY and the New Hartford Police Department working together to safeguard our communities."

Senior U.S. District Judge Frederick J. Scullin, Jr. also imposed a 6-year term of post-release supervision.

ATF investigated the case, with assistance from DEA, NYSP Special Investigations Unit-Marcy, and the New Hartford Police Department. Assistant U.S. Attorney Matthew J. McCrobie prosecuted the case as part of Project Safe Neighborhoods.

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice's violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.

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