UNITED STATES of America, v. Paul KNOBLOCH, Appellant. P. 52(b). 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. Paul Knobloch, age 36, Fallsburg, NY Search Report. Olano, 507 U.S. at 734, 113 S. Ct. at 1778. Set Design Kat Chan. 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. At the sentencing hearing, the prosecutor declared that it is clear that it was Knobloch who orchestrated the theft of the marijuana, and he clearly supervised Davis and Goodwin in the theft of the marijuana and then the later distribution. J.A. at 367, 370. Advertisements. 2D1.1(b) (1) based on Knobloch's "possessing the Spectre .45 and TEC-9 assault pistols in connection with the cache of steroids in his apartment." And you can premise your decision on those factors. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. Previousl y, Cheryl was a Product Development Engineer at KYOCERA AVX. An error is plain only if it is clear or obvious. 507 U.S. at 734, 113 S.Ct. | Learn more about Paul Knobloch, PhD's work experience, education, connections & more by visiting their profile on LinkedIn Address Search For Sale For Rent Foreclosures. Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir.1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. He further acknowledge[d] his responsibility for the conduct charged in Counts Two, Three and Six and stipulate[d] that the conduct charged in those counts may be considered by the District Court in imposing sentence. J.A. 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. This conclusion is mandated by the broad language used by the guideline drafters. Application Note 3 explains that the "adjustment should be applied if the weapon was present [during the underlying offense], unless it is clearly improbable that the weapon was connected with the offense.". All contact info about Paul D Knobloch, 53 from Erie, Pennsylvania - address, e-mail, phone, public records, etc at Clubset FOR FREE . Application Note 2 to U.S.S.G. While the district court committed an apparently inadvertent error in describing the elements of the offense charged in Count 5, we will not disturb Knobloch's guilty plea to that count because he does not claim that he would have pleaded differently had the error not occurred. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. 924(c) (1).1 It then asked Knobloch, "Do you understand the nature of the charges that I just read to you, sir?" Phone Numbers. 2d 816 (1982)). Paul Knobloch Construction Inc in Mc Minnville, OR | Photos | Reviews | 26 building permits for $59,000. It then applied a two-level specific offense characteristic enhancement for possession of the Spectre .45 and the TEC-9 under U.S.S.G. Knobloch's counsel made the first reference to the trial when she asserted that "I don't think it is at all clear from the record as it exists, even in Jason Smith's trial from the bit I've heard about it, that this was orchestrated by Paul Knobloch. P. 32(c) (3)). OPINION OF THE . Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Copyright 2023, Thomson Reuters. Knobloch's counsel argued against a finding of a connection between the weapons and the cache in the apartment, but she did not object to the absence of a finding of a connection between them and the Davis distribution. It concluded only that this did not constitute double counting because the 924(c) sentence and the 2K2.4 enhancement related to two separate guns. J.A. Mabel W Knobloch Mabel Knobloch (1880 - 1966) Jump to: Biography Memories . After Overstreet departed in 1987 for a solo career, he was replaced with Craig . The original line-up recorded one album for MTM Records and charted three country hits, including the number one "Baby's Got a New Baby". 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. Indeed, the district court's construction of Application Note 2 may have been flawed but it was reasonable, was supported by case law from three other courts of appeal, and there are no cases to the contrary. Paul Knobloch: Lee Tracy: Historical Records. Australia Pacific LNG. Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir. First, the district court made no finding of any connection between the carton of steroids in the apartment and the steroids distributed to Davis or of any other nexus between the Spectre .45 and the TEC-9 and the Davis transaction. Knobloch's counsel clearly was not surprised by any reference to Davis's testimony--in fact, it was she who first mentioned the testimony. See Maj. op. Knobloch responded, "Yes, I do." at 26. Oct 2017 - Present5 years 5 months. (citing Fed.R.Crim.P. Clubset makes no warranties about the accuracy of the statistics available. Davis had never been to Smith's trailer, had never been there before, didn't know what to do. 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. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. Mathew Paul Knobloch Mathew Paul Knobloch, 37, died Thursday, November 11, 2021. Indeed, it stated that Knobloch's challenge "presents a legal issue subject to plenary review," see Gov't's br. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. at 75-76. 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. at 1280-81 n. 31, it did not analyze or base its legal conclusion on the Note. Knobloch did not raise before the district court any of the three alleged errors he relies on before us.2 Accordingly, we will review Knobloch's judgment of conviction and sentence solely for plain error. Share Obituary: Thomas A. Knobloch. The district court concluded that a two level role in the offense enhancement was appropriate since Knobloch was an organizer, leader, manager, or supervisor of the crime. 2D1.1(b) (1). Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. 1996) ("We find that the district court did not err in imposing the two-level enhancement on top of the 924(c) conviction because the commission of a drug trafficking crime with a gun, silencer and knife poses a greater risk than does the commission of the same crime with only a gun"); United States v. Washington, 44 F.3d 1271, 1280-81 (5th Cir. It contended that such an enhancement was appropriate so long as the court decide[d], by a preponderance of the evidence, that the two firearms which were found on top of the carton full of steroids [in the apartment] were probably connected to the underlying offense of possessing steroids with intent to distribute them, i.e., the underlying offense charged in Count 2. 1584, 1592, 71 L.Ed.2d 816 (1982)). 2K2.4, Application Note 2. Mabel W Knobloch of Erie, Erie County, Pennsylvania was born on January 8, 1880, and died at age 86 years old on June 15, 1966. 1990). Paul Daniel Knobloch, age 50s, lives in Erie, PA. View their profile including current address, phone number 814-864-XXXX, background check reports, and property record on Whitepages, the most trusted online directory. He further "acknowledge [d] his responsibility for the conduct charged in Counts Two, Three and Six and stipulate [d] that the conduct charged in those counts may be considered by the District Court in imposing sentence." at 47-48. 1992) (same). denied, --- U.S. ----, 118 S. Ct. 206, --- L. Ed. Both offenses were committed on the same day and involve the same drug. Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and John Watts. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Based on its finding of a nexus with the cache in the apartment, the court enhanced Knobloch's offense level under 2D1.1(b) (1) and sentenced him to 147 months of imprisonment. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. I also note my disagreement with the majority's statement that the sentencing guidelines "authorize [ ] a specific offense characteristic enhancement only for a dangerous weapon possessed in connection with the offense of conviction." Maj. op. at 407. 2K2.4. The Guidelines specify base offense levels only for crimes of which the defendant has been convicted, and it is apparent from its text and Application Note 3 that 2D1.1(b) (1) authorizes a specific offense characteristic enhancement only for a dangerous weapon possessed in connection with the offense of conviction giving rise to the base offense level to be enhanced.4. View contact information: phones, addresses, emails and networks. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. First, it requested a two-level enhancement under U.S.S.G. 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. It is thus apparent that Knobloch was not prejudiced by the district court's misstatement of the law. 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. 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. Senior Manager, Finance & Treasury. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. We further conclude that this error was plain, i.e., clear. 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. Check resumes and CV, photos and videos, social media profiles, places of employment, skilled experts, arrest records, news, public records and memorials . Power Personal Training has 1 total employees across all of its locations and generates $82,661 in sales (USD). See United States v. Willett, 90 F.3d 404, 408 (9th Cir.1996) (We find that the district court did not err in imposing the two-level enhancement on top of the 924(c) conviction because the commission of a drug trafficking crime with a gun, silencer and knife poses a greater risk than does the commission of the same crime with only a gun); United States v. Washington, 44 F.3d 1271, 1280-81 (5th Cir.1995) (permitting two-level enhancement based on co-conspirator's handgun possession when defendant is also to receive 924(c) sentence for a different weapon); United States v. Kimmons, 965 F.2d 1001, 1011 (11th Cir.1992) (same). Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Neighbors, Property Information, Public and Historical records. Find Knobloch Place, homes for sale, real estate, apartments, condos, townhomes, mobile homes, multi-family units, farm and land lots with RE/MAX's powerful search tools. Beaver Falls, PA (1) . 2D1.1(b)(1), the government stressed that the firearms it was relying on for this purpose were those that were alleged in Count 3 to have been possessed in connection with the underlying offense charged in Count 2, i.e., the possession of the anabolic steroids in the apartment with intent to distribute. ADVANTAGE NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27, 1999. It pointed out that these guns were to be distinguished from the Glock 19 seized at the time of the Davis distribution which provided the foundation for Knobloch's conviction under 18 U.S.C. 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. It contains 0 bedroom and 0 bathroom. condos and/or other real estate associated with Roger Eickley in Erie, PA. 5316 53rd Ave E, Unit Q1 Bradenton FL 34203 . Prior to their present address, Katherine resided at 4739 Ashwick Terrace, St Louis, MO 63128. 2D1.1(b)(1). Nonetheless, I would still reverse the district court on this issue because U.S.S.G. March 8, 2004 03/08/2004. Section 2D1.1(a)of the United States Sentencing Guidelines prescribes the base offense level for a crime involving trafficking or conspiring to traffic in drugs. Based on its finding of a nexus with the cache in the apartment, the court enhanced Knobloch's offense level under 2D1.1(b)(1) and sentenced him to 147 months of imprisonment. Enter the email address you signed up with and we'll email you a reset link. kmcmillan@th-record.com. 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. Knobloch's counsel made the first reference to the trial when she asserted that I don't think it is at all clear from the record as it exists, even in Jason Smith's trial from the bit I've heard about it, that this was orchestrated by Paul Knobloch. Brisbane, Australia. 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. at 372. 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. 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). 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. 924(c) added to base levels 27 and 29. 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. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. 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. 1. The error committed by the district court in this case certainly was not clear or obvious. Born March 10, 1984 he was a native and resident of Thibodaux, LA A visitation will be held on Thursday, November 18, 2021 from 10:00 AM until 11:00 AM at Ordoyne Funeral Home. denied, 522 U.S. 880, 118 S.Ct. 1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. 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. Paul Knobloch, Appellant. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). 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." Edgar Knobloch: Narozen : 11. listopadu 1927 Praha eskoslovensko: mrt: 3. nora 2013 (ve v ku 85 let) Quillan Francie: Povoln: spisovatel a historik: Alma mater: Univerzita Karlova: Ocen n: spole nk Krlovsk geografick spole nosti: Seznam d l v Soubornm katalogu R: N kter data mohou pochzet z datov poloky. CARL w. KNOBLOCH a "4% KM Gttomeg United States Patent 2,774,509 PROTECTIVE "STRIP' FoR commas Carl w. Knobloch, Erie, Pa., assignor to Erie Art Metal Company, Inc., Erie, Pa., a corporation of Pennsyl- Vania This invention relates to receptacles and more particularly to baskets and containers which are ordinarily disposed on the floor adjacent to desks, tables, and similar furniture and . Id. (Johnstone) Knobloch. Nonetheless, Knobloch focuses on dictum from Reyes stating that the defendant must be given a reasonable opportunity to respond to the evidence. Id. In this case, there is no serious dispute that Knobloch's August 28, 1995, possession of the steroids in his apartment is part of the same course of conduct as the offense of conviction, the August 28, 1995, distribution of steroids to Davis. Paul Knobloch, 131 F.3d 366 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. at 1776) (internal quotation marks omitted). at 27-28 (emphasis added). The emphasized portion incorrectly implied that the government might secure a conviction on a showing that Knobloch used or carried a firearm either during or in relation to the crime, whereas the statute requires use or carrying both during and in relation to the crime. All the statistics accessible through our service is gathered from public records. We also decline to find plain error in the possibility that the district court may have relied on testimony from another trial to support its conclusion that Knobloch was a leader, organizer, or supervisor. Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters Overall! 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. When Arthur Thomas Knobloch was born on 16 December 1896, in Pennsylvania, United States, his father, Thomas H Knobloch, was 25 and his mother, Elizabeth Serr, was 26. 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. 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