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Preston Herbst, Obscene Matter Transfer, New York 2024

Preston Herbst, a 27-year-old Canandaigua resident, has been caught with his hand in the cookie jar – again. The convicted felon pleaded guilty to transferring obscene matter, a charge that carries a maximum penalty of five years in prison and a $250,000 fine.

This latest twist in Herbst’s crime saga comes on the heels of his July 2023 conviction for possession of child pornography. Herbst was sentenced to serve 36 months in prison and was scheduled to begin his sentence on October 12, 2023. But it seems that Herbst didn’t get the message, as he continued to indulge in his sickening habit.

According to the U.S. Department of Justice, in September 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. The investigation led the authorities to Herbst’s doorstep, where they found evidence of his illicit activities.

Herbst’s Snapchat account was searched, and it was determined that he used the account to trade child pornography in September 2023, after he had been sentenced, but before self-surrendering to the Bureau of Prisons. This is a clear violation of his release conditions, as he was under the supervision of United States Probation at the time.

The investigation was conducted by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. Herbst’s plea is a direct result of their tireless efforts to bring him to justice.

Herbst is set to be sentenced on September 3, 2024, at 3:00 p.m. before Judge Frank P. Geraci. It’s clear that Herbst’s actions have consequences, and he will face the music for his crimes. The people of New York deserve to know that their children are safe, and it’s up to the justice system to ensure that those who harm them are held accountable.

The U.S. Attorney’s Office for the Western District of New York, under the direction of U.S. Attorney Trini E. Ross, has made it clear that they will not tolerate such heinous crimes. Assistant U.S. Attorney Kyle P. Rossi is handling the case, and he will continue to work tirelessly to ensure that Herbst receives the punishment he deserves.

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