Judge orders former North Dakota lawmaker convicted of sex crimes against children to report to prison

FARGO, N.D. (NORTH DAKOTA MONITOR) — A former state senator convicted of a child sex crime will go to prison after being accused of violating the terms of his temporary release, according to the North Dakota Monitor.

U.S. District Judge Daniel Hovland on Tuesday ordered Ray Holmberg to surrender to the United States Marshals Service in Fargo by 1 p.m. Friday.

Holmberg, once one of North Dakota's most powerful state lawmakers, pleaded guilty in August to one count of traveling abroad with the intent to have sex with youth under 18.

Typically, people convicted of such crimes remain in police custody while awaiting sentencing.

Federal prosecutors and the defense agreed to allow the 80-year-old to remain in his Grand Forks home because of his age and health problems. Holmberg agreed to abide by certain conditions as part of his release under the plea deal, including no drugs or alcohol, no contact with victims or witnesses, location monitoring and restrictions on internet use.

The U.S. Probation Department has submitted reports to the court alleging that Holmberg violated those conditions on multiple occasions, including by accessing social media sites without authorization, visiting an adult novelty store and testing positive for alcohol.

Following those reports, First Assistant U.S. Attorney Jennifer Puhl earlier this month asked Hovland to consider Holmberg's release. Prosecutors argued in court filings that they also believe the medical issues Holmberg was dealing with have been resolved.

Holmberg's attorney, Mark Friese, argued that the reports alleging he violated his release conditions were inaccurate and that Holmberg still suffers from medical problems that justify his remaining in custody.

Hovland noted in his decision Tuesday that he only agreed to Holmberg's release from prison because both the prosecution and defense recommended it at the time.

“The court specifically warned Holmberg that it would be problematic if he continued to access the Internet to view pornography or otherwise violate the terms and conditions of publication,” Hovland wrote.

Holmberg may be elderly and suffer from multiple health conditions, but there is no legal precedent to suggest that this is sufficient reason for him not to remain in custody, Hovland stated in the order.

The date for Holmberg's sentencing has not yet been set. The U.S. Probation Office asked Hovland for sufficient time to prepare an on-site investigation report, the order states.

Holmberg faces a maximum sentence of 30 years in prison, a $250,000 fine and a lifetime of supervised release.

Prosecutors agreed in Holmberg's plea agreement to seek a sentence at the lower end of federal sentencing guidelines. Friese has previously stated that the sentencing guidelines call for a sentence of between three and four years in prison, which may vary depending on other factors determined by the court.

Holmberg resigned his North Dakota Senate seat in 2022 after federal investigators searched his home in late 2021.

Friese declined to comment Tuesday.

Related Coverage:

Copyright 2024 KFYR. All rights reserved.