See U.S.S.G. The contact is Paul D Knobloch. 924(c) (1). 1997) Annotate this Case. . at 23-25. 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. Stamps of Germany (DDR) 1977, MiNr . Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. 2D1.1(b) (1). Dr. Paul J. Gausman is a Family Medicine Doctor in Erie, PA. Find Dr. Gausman's phone number, address, insurance information, hospital affiliations and more. 3. 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." at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. View contact information: phones, addresses, emails and networks. at 75-76. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. at 86. at 14-15. 2K2.4, Application Note 2. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. Published: 27/01/2017 11:00am. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. 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. Using photographs from 1939, 1959, 1969 and 1992, along with tree cores, they estimated the minimum . Paul Knddoch in New Paltz, NY also Paul Knobloch Age 47 (1976 or 1975) Home address, vacation, business, rental and apartment property addresses for Paul. J.A. I write separately primarily because, although I agree with the result the majority reaches as to all three issues in this appeal, I cannot agree that plain error is the proper standard of review of the defendant's claim that the district court improperly enhanced his base offense level based on his possession of two firearms in connection with his storing a cache of steroids in his apartment. . Although the court quoted Application Note 2, see id. at 26. 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. 1995), the court also addressed a double counting argument--not an asserted violation of Application Note 2. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. 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. Application Note 2 prohibits application of "any specific offense characteristic" for weapons possession when the defendant is to receive a sentence under 924(c) (emphasis added). Address Search For Sale For Rent Foreclosures. 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. Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. . 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. Organization Additional Info; Big T Driving Range & Minature Golf: Industry . According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. Fed. 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 . Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. 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. 1. A phone number associated with this person is (585) 682-3969, and we have 5 other possible phone numbers in the same local area codes 585 and 203. 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. And even in Knobloch's grand jury testimony, it's always him, he knows it. 2K2.4. Second, the government argued for another two-level enhancement under U.S.S.G. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. 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. R. Crim. Senior Manager, Finance & Treasury. Browse Locations. Australia Pacific LNG. Thomas A. Knobloch Erie, Pennsylvania . 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. Thomas Aleksa Priest Retirement Residence 400 East Gore Road Erie, PA 16509-3726 . Two of the government's objections are relevant to this appeal. J.A. 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. 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. 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." In addition, he contends that the court erred by imposing a role in the offense enhancement to his sentence based on testimonial evidence from a related trial, to which he had no reasonable opportunity to respond. J.A. And now, in the midst of a successful career during which he has performed and choreographed in Europe and the United States . Nonetheless, Knobloch focuses on dictum from Reyes stating that the defendant must be given a reasonable opportunity to respond to the evidence. Id. We agree with the government, however, that this error did not affect Knobloch's substantial rights. Powered by Create your own unique website with customizable templates. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. First, it requested a two-level enhancement under U.S.S.G. 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. 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. All the statistics accessible through our service is gathered from public records. 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." Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Other Paul Knobloch's; Court Records Found! THOMAS KNOBLOCH OBITUARY. Two of the other three counts, Counts 2 and 3, charged Knobloch, respectively, with possession with intent to distribute the anabolic steroids in his apartment, and with use of the Spectre .45 and the TEC-9 during and in relation to the possession of those steroids. 507 U.S. at 734, 113 S. Ct. at 1777 (citing United States v. Young, 470 U.S. 1, 17 n. 14, 105 S. Ct. 1038, 1047 n. 14, 84 L. Ed. Davis had never been to Smith's trailer, had never been there before, didn't know what to do. J.A. In exchange, the U.S. Attorney agreed to dismiss Counts 2, 3, and 6 after the imposition of sentence. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. at 47-48. 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. 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. (814) 563-7890 (Verizon Pennsylvania, Inc), (814) 866-2036 (Verizon North . He married Ruth M. Englesbe on 21 April 1925, in Erie, Pennsylvania, United States. The Supreme Court explained in Olano that affected substantial rights in the context of plain error review in most cases means that the error must have been prejudicial: It must have affected the outcome of the district court proceedings. Olano, 507 U.S. at 734, 113 S.Ct. at 86. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. denied, 522 U.S. 880, 118 S.Ct. Public records for Karl Knobloch range in age from 47 years old to 87 years old. Patricia Knobloch, 66. The government's theory with respect to the 2D1.1(b)(1) enhancement is not altogether clear to us. The district court found that the Spectre .45 and TEC-9 were possessed in connection with the unlawful possession of the cache in the apartment, but it made no finding with respect to any nexus between those firearms and the distribution to Davis. R. Crim. The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. Nonetheless, I would still reverse the district court on this issue because U.S.S.G. 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. 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. Neighbors, Property Information, Public and Historical records. 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. OPINION OF THE . Mathew Paul Knobloch Mathew Paul Knobloch, 37, died Thursday, November 11, 2021. U.S.S.G. condos and/or other real estate associated with Roger Eickley in Erie, PA. 5316 53rd Ave E, Unit Q1 Bradenton FL 34203 . Thanks for visiting my site !" I'm honoured to be able to share my passions with you and hope you leave Inspired ". 52(b); 18 U.S.C. Nor did she make any reference to U.S.S.G. Id. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. Frederick W. Thieman, U.S. Attorney, Paul J. Brysh (Argued), Bonnie R. Schleuter, Office of the U.S. Attorney, Pittsburgh, PA, for Appellee. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme. J.A. US Court of Appeals for the Third Circuit - 131 F.3d 366 (3d Cir. J.A. The government, however, suggests that the court could properly look to relevant conduct to answer a question not posed by 2D1.1(b)(1), i.e., whether Knobloch possessed a dangerous weapon in connection with his possession of the carton of steroids in the apartment, an offense of which he had not been convicted and on which he was not being sentenced. at 2, and the Government never even mentioned "plain error" in connection with its argument on this issue. Knobloch's counsel clearly was not surprised by any reference to Davis's testimony--in fact, it was she who first mentioned the testimony. R. Crim. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. P. 52(b). Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information You can explore additional available newsletters here. 1. 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. Even though the plea agreement called for the dismissal of Count 2, the government urged only that the court find a nexus between the Spectre .45 and TEC-9 weapons and the possession of the anabolic steroids in the apartment, as alleged in that count. But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Includes Address(2) Phone(4) See Results. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. The district court denied the motion immediately prior to sentencing, 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, 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 error committed by the district court in this case certainly was not clear or obvious. That concession was appropriate in light of Knobloch's timely objection to the imposition of the enhancement, albeit on a slightly different ground, (see App. Possible relatives for Karl Knobloch include Erik Knobloch, Erin Grundy, Dorothy Knobloch and several others. Once confirmed with the college sports information departments and listed on a 2021-22 roster (not on a 2020-21 roster), they will be added. " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. 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. at 49. They were the parents of at least 1 son. 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. We know that Arthur T Knobloch, Paul D Knobloch, and three other persons also lived at this address, perhaps within a different time frame. No rule of law prohibits the court from making its factual conclusions at sentencing based on testimony from a separate proceeding, United States v. Reyes, 930 F.2d 310, 316 (3d Cir. at 76 (emphasis supplied). 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. 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." 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. Clubset does not provide consumer reports and is not a consumer reporting agency as explained by the FCRA. Paul Knobloch is on Facebook. Facebook gives people the power to share and makes the world more open and connected. Application Note 2 to U.S.S.G. 1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. J.A. Id. 4004 Cherry St, Erie, PA 16509, USA is one of the one previous addresses. J.A. The Kidder Reunion Book begins in 1891 with the first recorded gathering of descendants of Thomas and Lucy Holt Kidder, who located in Elk Creek Township, Erie County, Pennsylvania, about 1832 from Silver Creek, Hanover Twp., Chautauqua County, New York. Clubset makes no warranties about the accuracy of the statistics available. Although this may appear to be a small point, it is critical to this case. 2D1.1(b) (1), a defendant's base offense level for possessing a firearm when the defendant also is to be sentenced for a violation of 18 U.S.C. 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. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. at 47. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. The court accepted Knobloch's plea. 8670 Peach St, Erie, PA: New Motors Inc, New Motors KIA: Information Control. 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