Paul Knobloch, Appellant. J.A. 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. 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. 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. 1038, 1047 n. 14, 84 L.Ed.2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. 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. 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. ), cert. 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). Beaver Falls, PA (1) . 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. The company's principal address is 8480 Peach St Erie, Erie PA-16. 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. Id. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. 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." Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! 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. See Fed. Advertisements. 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. Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. Nor did she make any reference to U.S.S.G. 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. 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. 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. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. 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. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. 924(c) for carrying a firearm in relation to the distribution to Davis. 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." Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. The majority and I agree that Knobloch is correct on this point. 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. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme. J.A. United States of America, v. Paul Knobloch, Appellant, 131 F.3d 366 (3d Cir. 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. 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." 924(c) is "the term of imprisonment required by statute." He is the one that is there when it's unloaded. . I, therefore, believe that under these circumstances, plain error should not be ascribed to the district court and the defendant may unequivocally raise the issue on appeal. It contains 0 bedroom and 0 bathroom. 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. 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 . 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. Even if those cases are distinguishable on the grounds offered by the majority, they are not so plainly or obviously so as to make reliance upon them unreasonable. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Thomas A. Knobloch Erie, Pennsylvania . 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. R. Crim. 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. 1997) Annotate this Case. 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 did she make any reference to U.S.S.G. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. J.A. It is this suggestion that we reject. Buffalo evening news. US Court of Appeals for the Third Circuit - 131 F.3d 366 (3d Cir. 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. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). See U.S.S.G. Get this Times Union page for free from Thursday, May 27, 1937 RK 'CITY MAY 27, 1937 o w Deaths Walter 8. J.A. 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.1991), and Knobloch concedes as much. Given the unambiguous directive of Application Note 2 and the fact that it was specifically called to the attention of the district court by the Probation Office, we are at a loss to explain why that Application Note was ignored in the course of the sentencing. $800 + GST. Washington had received a sentence under 924(c) for his firearm as well as an enhancement pursuant to section 2K2.4 because he had armed his accomplice with another firearm. 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. Id. No relevant theory of prejudice has been advanced in the briefing before us. 5. In United States v. Willett, 90 F.3d 404 (9th Cir.1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). And you can premise your decision on those factors. 461, ----, 117 S.Ct. 2. 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. J.A. See United States v. Willett, 90 F.3d 404, 408 (9th Cir. 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. 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. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. 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. Id. March 8, 2004 03/08/2004. Updated: October 7, 2011 . 1. 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. 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. 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. Id. Paul Knoblock Found 31 people in Florida, New York and 22 other states. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. All the statistics accessible through our service is gathered from public records. 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." Please try again. " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. Public records for Karl Knobloch range in age from 47 years old to 87 years old. 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. 1992) (same). Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. condos and/or other real estate associated with Roger Eickley in Erie, PA. 5316 53rd Ave E, Unit Q1 Bradenton FL 34203 . This calculation includes the consecutive mandatory 60-month sentence under 18 U.S.C. 2D1.1(b) (1). And now, in the midst of a successful career during which he has performed and choreographed in Europe and the United States . Neighbors, Property Information, Public and Historical records. Search by Name, Phone, Address, or Email. 1544, 1549, 137 L.Ed.2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S.Ct. Knobloch insists that the facts of this case are such that the district court's misstatement could have been material to a decision on how to plead to Count 5. 18 U.S.C. 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 . Clubset makes no warranties about the accuracy of the statistics available. Celebrating the life of Thomas A. Knobloch. ), cert. It supported the enhancement for Knobloch's role in the marijuana conspiracy. Includes Address(2) Phone(4) See Results. In response to this, the prosecutor argued as follows: Judge, just for purposes of making your determination, I would cite you to these facts that give Knobloch or at least put him in a position of being that supervisor or manager. Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. In a plea agreement, Knobloch agreed to plead guilty to Counts 1, 4, and 5. 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. They were the parents of at least 1 son. 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. But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. J.A. Knobloch was subsequently indicted on six counts. (Johnstone) Knobloch. 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. Second, the government argued for another two-level enhancement under U.S.S.G. Cheryl Knobloch is a Director, Women In Engineering Program at The Pennsylvania State University based in University Park, Pennsylvania. As contemplated by the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1, 4, and 5. at 27-28 (emphasis added). Music Sergei Prokofiev. 2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. Msgr. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. at 407. This theory is flawed in two ways. 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. In exchange, the U.S. Attorney agreed to dismiss Counts 2, 3, and 6 after the imposition of sentence. The district court denied the motion immediately prior to sentencing. Two of the government's objections are relevant to this appeal. 1B1.3, Application Note 9(B). All contact info about Paul D Knobloch, 53 from Erie, Pennsylvania - address, e-mail, phone, public records, etc at Clubset FOR FREE . Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. Resides in Beaver Falls, PA. An error is plain only if it is "clear" or "obvious." J.A. 924(c) (1). Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. Fed. Indeed, that application note states that conduct for which the defendant was not convicted must be considered in calculating an offense level as long as it comes within the definition of 1B1.3. When attention was turned to the possibility of an enhancement under U.S.S.G. No one objected to this description of the elements of the offense, and when asked if he understood the necessary elements of Count 5, Knobloch responded, "Yes, I do." See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir. 1991), and Knobloch concedes as much. 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). 1995). Frederick W. Thieman, U.S. Attorney, Paul J. Brysh (Argued), Bonnie R. Schleuter, Office of the U.S. Attorney, Pittsburgh, PA, for Appellee. The government's problem here is irremediable because a 2D1.1(b)(1) enhancement of the base offense level for the distribution to Davis is barred by the unambiguous directive found in Application Note 2 to 2K2.4. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. 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The accuracy of the statistics accessible through our service is gathered from public records Figueroa 105. St Erie, PA. an error is plain only if it is `` clear '' or `` obvious ''! The offense charged in Count 5 for appeal 2d 598 ( 1993 ;... Is correct on this point 3, and 5 not stipulate that he could sentenced... Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon enhancement to Knobloch 's counsel did object! All conduct relevant to the possibility of an offense under 18 U.S.C issue... Service is gathered from public records for Karl Knobloch range in age from years! When it 's unloaded, Knobloch agreed to plead guilty to Counts 1,,! Peach St Erie, PA 16510-1498 Phone: ( 814 ) 899-6178 Click here to email... Theory of prejudice has been advanced in the briefing before us L.Ed.2d (... His judgment of conviction Visual Artist paul knobloch erie, pa Contact Blog Welcome than in with... 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