Federal trial for Barnes County man in child sex abuse material case could be delayed again

Plea Discussions Force Another Potential Delay in Fargo

Mitchell Joseph Kohler’s federal trial on child sex abuse material charges could be pushed back for a second time as defense attorneys and federal prosecutors actively negotiate a resolution.

The federal trial, which is currently scheduled for November 17 in Fargo, North Dakota, faces another postponement after defense counsel filed a motion in U.S. District Court. According to court filings highlighted by valleynewslive.com, the two sides need additional time to finalize discussions regarding a potential resolution.

The government has raised no objections to the requested pause. Furthermore, a consent form signed by Kohler on October 26 shows he agrees to the delay and understands that the intervening time will not count under the Speedy Trial Act.

Uncertain Timeline Ahead of Federal Proceedings

The latest motion does not specify how long a delay the defense is seeking, nor does it offer a new proposed trial date. It remains unconfirmed whether the presiding judge has ruled on the request.

Kohler is represented in the federal matter by attorney Dane DeKrey of Ringstrom DeKrey PLLP in Moorhead. Meanwhile, the federal proceedings have faced repeated rescheduling hurdles, having been originally placed on the court calendar for July 14 before being continued once prior to this latest motion.

Six Federal Counts and Internet Allegations

The federal case represents only one tier of the legal challenges facing Kohler, who is already serving a state prison sentence. A federal grand jury indicted him back in December 2025 on six distinct federal counts:

  • Receipt of child sex abuse material
  • Transportation of child sex abuse material
  • Four counts of possession

Federal prosecutors stated during the indictment phase that the alleged offenses involved the internet. Under federal guidelines, a conviction for receipt carries a prison sentence ranging from five to twenty years.

From Apple’s Initial Tip to State Prison Sentence

The broader legal scrutiny began more than two years ago. In March 2024, Apple reported suspected child sex abuse material on Kohler’s account, triggering an investigation that ultimately uncovered hundreds of files—including AI-generated images—stored on his devices.

That investigation bled into state court proceedings. In February, Kohler was sentenced in Barnes County District Court after pleading guilty to five counts of possession of certain prohibited materials. A fifth count carries a suspended five-year sentence.