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Press Release

Convicted felon pleads guilty to new child pornography charge

For Immediate Release
U.S. Attorney's Office, Western District of New York

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Preston Herbst, 27, of Canandaigua, NY, pleaded guilty to transferring obscene matter before U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in July 2023, Herbst was sentenced to serve 36 months in prison after being convicted on a federal charge of possession of child pornography. Herbst was allowed to self-surrender to the Bureau of Prisons and was scheduled to begin his sentence on October 12, 2023. Prior to self-surrendering, on September 3, 2023, the National Center for Missing and Exploited Children received information from Snap Inc., that a user had uploaded child pornography to the Snapchat platform. Subsequent investigation traced the user back to Herbst’s residence. In October and November 2023, search warrants were executed on Herbst’s Snapchat account and at his residence. The search of the Snapchat account determined that Herbst used the account to trade child pornography in September 2023, after he had been sentenced, but before self-surrendering to the Bureau of Prisons. Herbst was under the supervision of United States Probation when the uploads took place and had been using a prohibited device in violation of his release conditions. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. 

Sentencing is scheduled for September 3, 2024, at 3:00 p.m. before Judge Geraci. 

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Barbara Burns


Updated May 10, 2024

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