Mitchell Joseph Kohler could face another delay in his federal child sex abuse material case as defense and prosecution lawyers continue behind-the-scenes negotiations, according to court documents filed in U.S. District Court.
Kohler’s attorney submitted a motion asking the court to push back the trial currently scheduled for November 17 in Fargo, valleynewslive.com reported. The filing states that both sides need additional time to negotiate a resolution.
Negotiations Prompt Second Delay Request
Federal prosecutors do not object to the requested postponement. On October 26, Kohler signed a consent form agreeing to the delay and acknowledging that the resulting time would not count under the Speedy Trial Act, valleynewslive.com reported. The defense motion does not specify how long a delay it seeks, nor does it propose a new courtroom date. It remains unclear whether the presiding judge has ruled on the request.
This latest motion marks the second time the federal proceedings have faced postponement. The trial was originally placed on the docket for July 14 before being continued once prior.
The federal case stems from a December 2025 grand jury indictment charging Kohler on six counts: receipt of child sex abuse material, transportation of child sex abuse material, and four counts of possession. Prosecutors stated at the time that the offenses involved internet use. Under federal guidelines, a conviction for the receipt charge carries a prison sentence ranging from five to 20 years.
From State Prison Sentence to Federal Courtroom
Kohler is currently serving a state prison sentence handed down in February in Barnes County District Court. He entered guilty pleas to five counts of possession of certain prohibited materials. The state court sentenced him to five years in prison on each of four counts, with the terms running consecutively. He must serve at least one year on each of those four counts before becoming eligible for release. A fifth count carries a suspended five-year sentence.
The entire legal sequence began in March 2024 when Apple reported suspected child sex abuse material on Kohler’s account. Investigators subsequently recovered hundreds of files from his electronic devices, including artificial intelligence-generated images, valleynewslive.com reported from court documents.
Kohler is represented by Dane DeKrey of the firm Ringstrom DeKrey PLLP in Moorhead.
