Albany Felon Sentenced to 63 Months on Ammunition and Drug Convictions

ALBANY, NEW YORK – Mikal Smith, age 29, of Albany, was sentenced today to 63 months in prison for being a felon in possession of ammunition and possession with intent to distribute cocaine base. 

United States Attorney Carla B. Freedman; Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; and Albany Police Chief Eric Hawkins made the announcement.

A jury voted to convict Smith on August 31, 2022, following a three-day trial.  The trial evidence established that on April 7, 2021, Smith possessed with the intent to distribute 83 grams of cocaine base and possessed a large-capacity magazine loaded with 20 rounds of LC 5.56 ammunition.  Smith discarded the drugs and ammunition during a foot pursuit after members of the Albany Police Department’s Community Response Unit attempted to arrest him on a parole warrant. At the time, Smith had felony convictions for Attempted Robbery in the Second Degree and Criminal Sale of a Controlled Substance in the Third Degree.  Under federal law, these convictions prevented Smith from lawfully possessing the ammunition.

United States District Judge Mae A. D’Agostino also imposed a 4-year term of post-imprisonment supervised release.

The Albany Police Department and DEA investigated this case.  Assistant U.S. Attorneys Allen J. Vickey and Katherine Kopita prosecuted this case.