Judge Orders Ray Holmberg Convicted of Child Sex Crime to Report to Jail

(Dan Koeck/For the North Dakota Monitor)

(Mary Steurer/North Dakota Monitor) – A former state senator  from Grand Forks  who was convicted of a child sex crime will report to jail after allegations that he violated the terms of his temporary release.

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.

Ray 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 adolescents under age 18.

Ordinarily, people convicted of such offenses would remain in police custody while they wait for sentencing.

Federal prosecutors and the defense agreed to allow the 80-year-old to stay at his Grand Forks home because of his age and medical problems. Holmberg agreed to follow certain conditions, including no drugs or alcohol, no contact with victims or witnesses, location monitoring and restrictions on using the internet, as part of his post-plea release.

The U.S. Probation Office has submitted reports to the court claiming Holmberg has violated these terms several times, including by accessing social media sites without approval, frequenting an adult novelty store and testing positive for alcohol.

In wake of these reports, First Assistant U.S. Attorney Jennifer Puhl earlier this month asked Hovland to review Holmberg’s release. The prosecution argued in court records that it also believes that the medical issues Holmberg was dealing with have cleared up.

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 staying out of custody.

Hovland noted in his Tuesday order that he only agreed to allow Holmberg to remain out of jail because, at the time, the prosecution and defense had both recommended it.

“The Court expressly warned Holmberg that it would be problematic if he continued to access the internet for the purpose of viewing pornography or otherwise violate the conditions of release,” Hovland wrote.

Holmberg may be old and facing several medical ailments, but there’s no legal precedent suggesting this is enough reason for him to remain out of custody, Hovland stated in the order.

Holmberg’s sentencing date has not been set. The U.S. Probation Office asked Hovland for sufficient time to prepare a presentence investigative 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 on the lower end of federal sentencing guidelines. Friese has previously said sentencing guidelines call for between three or four years in prison, which can vary depending on other factors determined by the court.

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