J.A. 2d ---- (1997). When they later searched Knobloch's apartment, they found two other handguns--a Spectre .45 with a laser sight and a TEC-9, 9-mm semi-automatic--and ammunition clips in close proximity to a large carton of anabolic steroids. Nor does any of them present a situation, like the one here, where Application Note 2 was specifically called to the attention of the court as a bar to the enhancement at issue. 2D1.1 based on his possession of other firearms. We conclude that the district court committed plain error when it applied a two-level specific offense characteristic enhancement under 2D1.1(b) (1) when it was required to impose a five year sentence under 924(c). Includes free contact info & photos & court records. He was also preceded in death by his sister, Jacklyn Nelson. In United States v. Willett, 90 F.3d 404 (9th Cir. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. He insists that his attorney was taken by surprise by the court's consideration of Davis's testimony at Smith's trial and that he lacked a reasonable opportunity to respond to this damaging evidence. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. Id. Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters Overall! Section 2D1.1(b) (1) provides a "specific offense characteristic" which directs that if "a dangerous weapon (including a firearm) was possessed [during the offense, the base offense level must be] increase [d] by 2 levels." ), cert. He was recently appointed the Regional Touring and Storytime Ballet Master of The Australian Ballet, a role that will involve teaching daily classes within the company, rehearsing . He is the one that is there when it's unloaded. Quick Facts The residential address for Patricia is 1119 Spring Valley Driv, Erie, PA 16509-2950. Application Note 2 to 2K2.4 provides as follows: Where a sentence under this section is imposed in conjunction with a sentence for an underlying offense, any specific offense characteristic for the possession, use, or discharge of an explosive or firearm (e.g., 2B3.1(b)(2)(A)-(F) (Robbery)) is not to be applied in respect to the guideline for the underlying offense. While Knobloch diverted Smith at a nightclub, Davis used a van borrowed from Knobloch's father to steal the marijuana and transport it to a storage locker. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. We also recognize that the Guidelines were designed to promote fair and consistent treatment of offenders, and that the diversion from the Guidelines in this case seriously affected the fair administration of the sentencing process. at 372. Get this Times Union page for free from Thursday, May 27, 1937 RK 'CITY MAY 27, 1937 o w Deaths Walter 8. Edinboro University of Pennsylvania School of Graduate Studies, Edinboro University of Pennsylvania Jan 2016 - Aug 2017, Edinboro University of Pennsylvania 2011 - 2013, for Paul D Knobloch from Erie, PA, age ~54. Cheryl received a Bachelor of Science degree from New York State College of Ceramics at Alfred University and a Master of . The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. $800 + GST. Search the most complete Knobloch Place, real estate listings for sale. 924(c) (1) provides in relevant part: Whoever, during and in relation to any crime of violence or drug trafficking crime uses or carries a firearm, shall be sentenced to imprisonment for five years. Two months after he entered his plea and on the same day that he filed his objections to the PSI, Knobloch moved to withdraw his guilty plea on grounds not relevant to this appeal. J.A. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. At other times, the government appears to be arguing that the possession of the Spectre .45 and the TEC-9 calls for an enhancement under 2D1.1(b) (1) because that possession was in connection with the anabolic steroid distribution to Davis charged in Count 4. 924(c) for carrying a firearm in relation to the distribution to Davis. He is the one that goes to Smith's trailer later that morning and finds out later the contents of it by Smith, it isn't Davis. Facebook gives people the power to share and makes the world more open and connected. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. J.A. 2K2.4(a), the district court imposed a mandatory five-year sentence-consecutive to the sentence for the drug offenses-on Count 5 for using and carrying the Glock 19 during and in relation to Knobloch's sale of steroids to Davis. This site is protected by reCAPTCHA and the Google. The burden is on the defendant to show that the error in fact prejudiced him, and [i]n most cases, a court of appeals cannot correct the forfeited error unless the defendant shows that the error was prejudicial. Id. See id. The email address cannot be subscribed. I also agree with the majority that there was no plain error in the district court's reliance on testimony from another trial in concluding that Knobloch was a leader, organizer, or supervisor. Be the first to share your favorite memory, photo or story of Thomas. at 47. at 47. If that is the case, then the possession of the two firearms in connection with the steroids stored in Knobloch's apartment must be part of the same course of conduct as the distribution of steroids to Davis. Nor does any of them present a situation, like the one here, where Application Note 2 was specifically called to the attention of the court as a bar to the enhancement at issue, This calculation includes the consecutive mandatory 60-month sentence under 18 U.S.C. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. 1992) (same). When attention was turned to the possibility of an enhancement under U.S.S.G. In United States v. Olano, 507 U.S. 725, 113 S.Ct. 2. 5. Search by Name, Phone, Address, or Email. 2K2.4 plainly prohibits a two-level enhancement under these circumstances for possession of any firearm-whether it be the one directly involved in the underlying offense or another firearm, even one in a different location. Thus, application of the specific offense characteristic of firearms possession is appropriate. at 14-15. At one point, Knobloch sold Davis a bag of steroids. See Fed. The Probation office disagreed with the dangerous weapon enhancement, and it referred specifically to Application Note 2 to 2K2.4, the provision upon which Knobloch relies before us. . J.A. You're all set! The court was clearly entitled to understand from her argument that she felt she knew enough about Davis's testimony at Smith's trial to make a representation to the court concerning its content. Enter the email address you signed up with and we'll email you a reset link. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. at 2, and the Government never even mentioned "plain error" in connection with its argument on this issue. View FREE Public Profile & Reputation for Paul Knobloch in Erie, PA - See Court Records | Photos | Address, Email & Phone Numbers | Personal Review | $70 - $79,999 Income & Net Worth. First, he insists that his plea to Count 5 of the indictment was not voluntary, knowing, and intelligent because the district court, in the course of the plea colloquy, misdescribed the elements of the offense charged. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. Indeed, it stated that Knobloch's challenge "presents a legal issue subject to plenary review," see Gov't's br. See Addendum to Presentence Investigation Report at 1. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. When they later searched Knobloch's apartment, they found two other handguns-a Spectre .45 with a laser sight and a TEC-9, 9-mm semi-automatic-and ammunition clips in close proximity to a large carton of anabolic steroids. Powered by Create your own unique website with customizable templates. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Thus, none of the cases cited by the government interprets Application Note 2. 6. Nonetheless, I would still reverse the district court on this issue because U.S.S.G. All contact info about Paul D Knobloch, 53 from Erie, Pennsylvania - address, e-mail, phone, public records, etc at Clubset FOR FREE . The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. Pace, A. Piper, M. Ritner, P. Schreiber, and A. Swan worked with Professor K. Eisenhart to determine and analyze the change in land use on the Howard Falls Land Trust property in Erie County, Pa. The majority, however, concludes that plain error is the standard of review of this claim. Thanks for visiting my site !" I'm honoured to be able to share my passions with you and hope you leave Inspired ". Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. See Maj. op. In a plea agreement, Knobloch agreed to plead guilty to Counts 1, 4, and 5. Nonetheless, Knobloch focuses on dictum from Reyes stating that the defendant must be given a reasonable opportunity to respond to the evidence. Id. at 75. I concur with the majority with respect to its disposition that there was no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. We further conclude that this error was plain, i.e., clear. Landlines (3) (814) 864-4682 (814) 866-2036 . Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. J.A. 7 Foxwood Rd, New Paltz, NY 12561-Current; 155 W End Ave, # B, Brooklyn, NY 11235; 2618 Co Hwy, 4, Butternuts, NY 13776; 501 Shandelee Rd, Livingston Manor, NY 12758; 155B W End Ave, Brooklyn . Id. . 1913, 1915, 123 L.Ed.2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. In support of this assertion, the prosecutor noted that "we have that with the fact that he drew the plan, he being Knobloch, told Davis where to go, what to take, where to go after taking it, where to store it, meeting with Goodwin, and it was all done at the [behest] of Mr. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. The majority and I agree that Knobloch is correct on this point. In response to this, Knobloch's counsel observed that "it is certainly Jeff Davis' position that Paul Knobloch orchestrated this," but she challenged Davis's credibility by noting that he had been cooperating with the government and that " [h]e puts the blame on other people." 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. FastPeopleSearch results provide address history, property records, and contact information for current and previous tenants. ), cert. As we have noted, to support a discretionary correction of this "plain error," the district court's mistake must have affected Knobloch's substantial rights in a way that seriously affects the fairness, integrity, or public reputation of judicial proceedings. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. Login. In support of this assertion, the prosecutor noted that we have that with the fact that he drew the plan, he being Knobloch, told Davis where to go, what to take, where to go after taking it, where to store it, meeting with Goodwin, and it was all done at the [behest] of Mr. Knobloch. Id. Stinson v. United States, 508 U.S. 36, 38, 113 S. Ct. 1913, 1915, 123 L. Ed. Id. The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. Recent work: Construct accessory structure for personal use. At times, the government seems to suggest that, even though there has been no conviction under Count 2, possession of these weapons in connection with the crime there charged calls for a 2D1.1(b)(1) enhancement because Knobloch stipulated that the conduct charged in Counts Two, Three, and Six [could] be considered by the District Court in imposing sentence. We reject that suggestion. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. at 23-25. The court informed Knobloch that Count 5 of the indictment alleged that he did knowingly use and carry a firearm, that is, a Glock 19, .9[sic] millimeter pistol, during and in relation to a drug trafficking crime in violation of 18 U.S.C. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. To the extent Knobloch is contending that the record does not support the court's finding regarding his role in the offense, we conclude to the contrary. The company's principal address is 8480 Peach St Erie, Erie PA-16. The majority and I agree that Knobloch is correct on this point. Thus, none of the cases cited by the government interprets Application Note 2. Please try again. Although the court quoted Application Note 2, see id. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. Krug, Morris lan, Frank Tletng, Barbara .Joseph Lyons, Ida E . The error committed by the district court in this case certainly was not clear or obvious. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. I do not think that this court should second guess the Government's concession in its brief that Knobloch properly preserved this issue for appeal especially when there is no reason to do so. At one point, Knobloch sold Davis a bag of steroids. Recommend Thomas's obituary to your friends. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme." Id. Appellate counsel has had ample opportunity since the sentencing hearing to review Davis's testimony and articulate some basis for believing it would have benefited Knobloch in some way had the district court, sua sponte, ordered a continuance of the proceedings to afford defense counsel an opportunity for further preparation. (citing Fed.R.Crim.P. 1038, 1047 n. 14, 84 L.Ed.2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. Using photographs from 1939, 1959, 1969 and 1992, along with tree cores, they estimated the minimum . Knobloch stipulated in his plea agreement that the conduct charged in Counts Two, Three and Six [was relevant conduct to] be considered by the District Court in imposing sentence. The possession of the guns in the apartment was thus clearly relevant conduct. (Sales figure is modelled). at 372. 2K2.4, Application Note 2 prohibits a district court from enhancing a defendants' offense level no matter how many weapons a defendant possesses if he is to receive a sentence for a 924(c) (1) violation as long as all of the weapons are possessed or used as part of the same course of conduct or common plan or scheme. Resides in Beaver Falls, PA. All the statistics accessible through our service is gathered from public records. at 49. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Here, the issue posed by 2D1.1(b)(1) was whether Knobloch possessed a dangerous weapon in connection with the distribution to Davis, the offense upon which he was being sentenced, and the court was free to look to all relevant conduct in resolving this issue. Oct 2017 - Present5 years 5 months. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. As we have noted, the indictment alleged that the Spectre .45 and TEC-9 were possessed in connection with the offense charged in Count 2, i.e., possession of the carton of anabolic steroids in the apartment. The error committed by the district court in this case certainly was not clear or obvious. The contact is Paul D Knobloch. 1B1.3).1 According to the guideline commentary, offenses are part of the same course of conduct if they are similar to each other or are committed close in time. . We have no trouble acknowledging that the error in this case in fact affected Knobloch's substantial right to suffer no greater an imposition on his liberty than the Guidelines allow. 1544, 1549, 137 L.Ed.2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S.Ct. In addition, pursuant to 18 U.S.C. 1990). Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. Both offenses were committed on the same day and involve the same drug. It advised Knobloch: [I]n order for the crime of use of a firearm in relation to a drug trafficking offense to be established, the Government must prove all of these essential elements beyond a reasonable doubt: That the Defendant knowingly used or carried a firearm as charged in the indictment, that the Defendant did so during and/or in relation to a drug trafficking crime. We find none of the three cited cases persuasive on the relevant point because none of them undertakes any analysis of the Note or bases its legal conclusion on it. Residents at 8480 Peach St, Erie PA: Paul J Fedorko (814) 864-6570, Katherine J Knobloch (814) 864-6570, Thomas A Knobloch (814) 864-6570. Second, the government argued for another two-level enhancement under U.S.S.G. Share Obituary: Thomas A. Knobloch. Paul Knoblock Found 31 people in Florida, New York and 22 other states. This theory is flawed in two ways. Id. He was born in Erie, Pa., on February 21, 1950, son of the late Elmer T. "Bill" and Jane A. The rules permit a court of appeals to correct such an error because it is so clear or obvious that the district court should have avoided it even if it was not pointed out by the parties. P. 52(b); United States v. Olano, 507 U.S. 725, 732, 113 S. Ct. 1770, 1776, 123 L. Ed. In United States v. Washington, 44 F.3d 1271 (5th Cir.1995), the court also addressed a double counting argument-not an asserted violation of Application Note 2. See Fed.R.Crim.P. 1. The company has 1 contact on record. Rev. Paul Knobloch is 34 and has been dancing for more than half his life. The materials presented through Clubset can be used to assist anyone learn about other people currently in their lives or find anyone from earlier period. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. As we have noted, the indictment alleged that the Spectre .45 and TEC-9 were possessed in connection with the offense charged in Count 2, i.e., possession of the carton of anabolic steroids in the apartment. Browse Locations. A court of appeals may correct an unobjected-to error only if the error was plain and if it affected the defendant's substantial rights. Fed.R.Crim.P. 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