Prior felon pleads guilty to new federal child pornography charge

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Michael DiGiacomo United State Attorney for the Western District of New York | Department of Justice

Prior felon pleads guilty to new federal child pornography charge

Marcobrien S. Volcy, a 28-year-old resident of Rochester, New York, has pleaded guilty to possession of child pornography following a prior state conviction for a similar offense. The plea was entered before Chief U.S. District Judge Elizabeth A. Wolford and was announced by U.S. Attorney Michael DiGiacomo.

According to Assistant U.S. Attorney Katelyn M. Hartford, Volcy had previously pleaded guilty in Monroe County Court in August 2023 to possessing material depicting the sexual performance of a child under 16 years old, for which he received a sentence of one to three years in prison. While on probation for that conviction on January 19, 2024, Volcy was found in possession of a cell phone containing over 650 images and videos of child pornography, including material involving prepubescent children.

“The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Mark Grimm.”

Volcy faces a mandatory minimum penalty of ten years in prison and could receive up to twenty years along with a fine reaching $250,000. Sentencing is set for January 14, 2026 before Judge Wolford.