Canandaigua man who pleaded guilty to child pornography charge, caught again before reporting to prison

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Preston Herbst, 27, of Canandaigua, NY, was arrested and charged by criminal complaint with distribution, receipt, and possession of child pornography, following a prior conviction for a federal child pornography offense. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 40 years, and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in January 2022, Herbst was serving a state probation sentence in Ontario County for Driving While Intoxicated and Assault. During a routine search of Herbst’s phone, Ontario County Probation Officers located images of child pornography and social media conversations, during which Herbst discussed trading child pornography with other individuals. A subsequent search by the FBI of his home and devices recovered approximately 81 images and 59 videos of child pornography, some of which depicted violence against children as young as 5-years-old. Herbst pleaded guilty to possession of child pornography and was sentenced to 36 months in prison. After his federal conviction and sentencing, but prior to self-surrendering to the Bureau of Prisons, investigators learned that Herbst uploaded child pornography to the Snapchat platform. The FBI executed new search warrants at Herbst’s Canandaigua home and on his Snapchat account, revealing that he had traded child pornography, using a prohibited device in violation of his release conditions.

Herbst made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held without bail. 

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

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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