Herkimer County Man Pleads Guilty to Possessing and Intending to Distribute Cocaine and Possession of a Firearm by a Felon

SYRACUSE, NEW YORK – Michael Austin, age 46, of Frankfort, New York, pleaded guilty last week to possessing cocaine with the intent to distribute, and possessing two firearms as a felon. United States Attorney John A. Sarcone III and Bryan Miller, 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 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, 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, from Austin’s residence in Frankfort. As Austin knew when he possessed and sold the firearms, in 2010 he had been convicted in federal court of conspiracy to possess with intent to distribute cocaine and cocaine base. He was sentenced to 67 months’ imprisonment for that offense.

U.S. Attorney Sarcone stated: “This conviction is a major win for public safety.  The defendant was pumping deadly drugs and firearms into our streets which only fuels violence and destroys lives.  Thanks to the relentless work of our law enforcement partners, we’ve shut down a serious threat to our community.  Let this serve as a warning: if you traffic in drugs and guns, we will find you, we will prosecute you, and we will bring you to justice.”

ATF Special Agent in Charge Miller said: “The illegal possession of firearms by convicted felons, especially when paired with drug trafficking, is a dangerous combination that fuels violence and puts lives at risk. Bringing guns and poison into our communities creates fear and instability—and the consequences are real. We’re proud of ATF in Syracuse, NY and to work alongside our partners at the Drug Enforcement Administration (DEA), New York State Police (NYSP), U.S. Attorney’s Office in the Northern District of New York, and the New Hartford Police Department.

At sentencing, currently scheduled for October 15, 2025, Austin faces a maximum sentence of 30 years’ imprisonment on the drug charge and 15 years’ imprisonment for the firearm offense, a fine of up to $2 million, and a term of supervised release of at least 6 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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 is prosecuting 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.