Herkimer County man receives over seven years for drug trafficking and firearm offenses

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John A. Sarcone III, U.S. Attorney for the Northern District of New York | Department of Justice

Herkimer County man receives over seven years for drug trafficking and firearm offenses

Michael Austin, a 47-year-old resident of Frankfort, New York, was sentenced to 88 months in federal prison for drug trafficking and illegal possession of firearms as a felon. The sentencing took place in Syracuse and was announced by Acting United States Attorney John A. Sarcone III and Bryan DiGirolamo, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

According to court records and his prior guilty plea, Austin sold about 13 ounces of cocaine to one customer across seven transactions between April and August 2024. On August 15, 2024, authorities found an additional 78 grams of cocaine at his home intended for distribution. On July 26, 2024, he also illegally sold two handguns to the same customer despite having a previous federal conviction from 2010 for conspiracy to possess with intent to distribute cocaine and cocaine base. He had served a sentence of 67 months for that earlier offense.

Acting U.S. Attorney Sarcone said: “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 added: “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., imposed an additional six-year term of post-release supervision on Austin.

The investigation was led by ATF with help from the Drug Enforcement Administration (DEA), New York State Police Special Investigations Unit-Marcy, and 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 collaboration among law enforcement agencies and community organizations targeting violent offenders while supporting prevention programs. More information about Project Safe Neighborhoods can be found at https://www.justice.gov/psn.