United States v. Robert William Mitchell et al, Docket No: 19-CR-26-J

The Mandatory Victims Restitution Act of 1996 requires the federal probation office to provide notice of the following information to all identified victims harmed as a result of the commission of a federal offense.  Federal law entitles you to receive notice of the defendant’s conviction and his/her sentencing date.  Also, as a result of the defendant’s crime, you may be entitled to be compensated with restitution, and you have the right to prepare a declaration of your losses which will be submitted to the Court by our office on your behalf. 

On May 25, 2021, defendant Robert William Mitchell was convicted of the following:

The sentencing for defendant Robert William Mitchell was initially scheduled for August 4, 2021, but has been continued to October 15, 2021 at 9:30 a.m. before the Honorable Alan B. Johnson, in Courtroom No. 2 of the JC Mahoney Federal Building located in Cheyenne, Wyoming.

On October 8, 2021, defendant Justin Wallace Herman was convicted of the following:

The sentencing for defendant Justin Wallace Herman has been scheduled for January 5, 2022, at 9:30 a.m. before the Honorable Alan B. Johnson No. 2 of the JC Mahoney Federal Building located in Cheyenne, Wyoming. 

On October 8, 2021, defendant Charles W. Winters, Jr. a/k/a Chuck Winters was convicted of the following:

The sentencing for defendant Charles W. Winters, Jr. a/k/a Chuck Winters has been scheduled for January 5, 2022, at 1:30 p.m. before the Honorable Alan B. Johnson No. 2 of the JC Mahoney Federal Building located in Cheyenne, Wyoming.

If you attend, you will be given an opportunity to speak directly to the judge regarding emotional, physical or monetary impact of this crime on you or your family.  If you decide to attend, please notify the lead prosecutor, Eric Heimann, at least 10 days prior to sentencing.

Whether or not you elect to attend the sentencing proceeding, you have the right to file an affidavit relating the harms and costs you have incurred as a result of the above offense.  A declaration form, which has the same legal effect as an affidavit but which need not be notarized, can be downloaded from the link below.  It may be helpful to review the Explanation of Losses Subject to Restitution before completing the declaration.

Declaration of Victim Losses

Explanation of Losses Subject to Restitution

If you wish to exercise your right to submit an affidavit, please return the signed declaration to the U.S. Probation Office at the following email address: wyp_victim_assistance@wyp.uscourts.gov.  If needed, forms may also be mailed to the U.S. Probation Office at the address listed below.

In the event you are awarded restitution by the Court in this case, it is your responsibility to notify the United States Attorney’s Office in this district and the Clerk of the Court of any change in your mailing address while restitution is still owed.  This information will be maintained confidentially. 

Finally, if you are awarded restitution by the Court, you may request that the Clerk of Court issue an Abstract of Judgment to you, certifying that a judgment has been entered in your favor in the amount specified by the court.  When the abstract is registered, recorded, docketed, or indexed in accordance with state law, it acts as a lien upon the property of the defendant within the state, and is enforceable in the same manner and to the same extent as a judgment of a court of general jurisdiction. 

For your convenience, the addresses of the various offices referred to above are included below:

In the event you have additional questions please email our office at wyp_victim_assistance@wyp.uscourts.gov.

Additional information about this case may also be located on the website for the U.S. Attorney’s Office, District of Wyoming, at https://www.justice.gov/usao-wy/united-states-v-robert-william-mitchell-et-al.