Herkimer County man sentenced for drug distribution and illegal firearm possession

John A. Sarcone III, U.S. Attorney for the Northern District of New York
John A. Sarcone III, U.S. Attorney for the Northern District of New York
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Michael Austin, a 47-year-old resident of Frankfort, New York, was sentenced to 88 months in federal prison for possessing cocaine with intent to distribute and for possessing two firearms as a convicted felon. The sentencing took place in Syracuse, New York.

Austin had previously pleaded guilty to selling approximately 13 ounces of cocaine over seven transactions between April and August 2024. On August 15, 2024, authorities found an additional 78 grams of cocaine at his residence that he intended to distribute. He also admitted to selling two handguns on July 26, 2024, despite having a prior federal conviction from 2010 for conspiracy to possess with intent to distribute cocaine and cocaine base. For that earlier offense, he served a sentence of 67 months.

Acting United States Attorney John A. Sarcone III commented: “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.”

Bryan DiGirolamo, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), stated: “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., who presided over the case, also imposed six years of post-release supervision following Austin’s prison term.

The investigation was led by ATF with assistance from the Drug Enforcement Administration (DEA), New York State Police Special Investigations Unit-Marcy, and the New Hartford Police Department. Assistant U.S. Attorney Matthew J. McCrobie prosecuted the case under Project Safe Neighborhoods.

Project Safe Neighborhoods is a Department of Justice initiative focused on reducing violent crime through coordinated efforts among various stakeholders and targeting violent offenders while supporting prevention programs within local communities.

For more information about Project Safe Neighborhoods visit https://www.justice.gov/psn.



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