Bureau of Alcohol, Tobacco, Firearms and Explosives

ALBANY, NEW YORK – Burlington E. Nieuenkirk, age 46, of Brooklyn, New York, pled guilty today to illegally possessing three loaded firearms as a felon.

United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Albany County Sheriff Craig D. Apple Sr. made the announcement.

Nieuenkirk admitted that on April 30, 2020, he knowingly possessed three loaded pistols, one of which had been reported stolen, at a residence in Green Island, New York.  A prior felony conviction for robbery prevented Nieuenkirk from legally possessing the firearms in New York.

Nieuenkirk faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on December 11, 2023, by Senior United States District Judge Frederick J. Scullin, Jr. 

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.

This case was investigated by ATF and the Albany County Sheriff’s Office with assistance provided by the Albany County District Attorney’s Office.  Assistant U.S. Attorney Emmet O’Hanlon is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), 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.

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