Preston Herbst, Distribution, Receipt, and Possession of Child Pornography, New York 2022

Rochester, N.Y.- In a disturbing case of recidivism, a Canandaigua man who pleaded guilty to a federal child pornography charge in 2020 has been caught again, this time for distributing, receiving, and possessing child pornography. Preston Herbst, 27, was arrested and charged by criminal complaint on January 2022 with distribution, receipt, and possession of child pornography, following a prior conviction for a federal child pornography offense.

The charges against Herbst carry a minimum penalty of 15 years in prison, a maximum penalty of 40 years, and a $250,000 fine. According to the complaint, Herbst was serving a state probation sentence in Ontario County for Driving While Intoxicated and Assault when he was caught with images of child pornography on his phone in January 2022. A subsequent search 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. However, 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 investigation was conducted 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.

Preston Herbst, a 27-year-old man from Canandaigua, New York, has been arrested and charged with distribution, receipt, and possession of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 40 years, and a $250,000 fine.

A search of Herbst’s phone and devices revealed 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.

Source: https://www.justice.gov/usao-wdny/pr/canandaigua-man-who-pleaded-guilty-child-pornography-charge-caught-again-reporting