denied, --- U.S. ----, 118 S. Ct. 206, --- L. Ed. ), cert. OPINION OF THE . | Learn more about Paul Knobloch, PhD's work experience, education, connections & more by visiting their profile on LinkedIn 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. Knobloch responded, "Yes, I do." Alan Ellis, Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. Counts 1, 4, and 5 charged him, respectively, with conspiracy to distribute marijuana, distribution of anabolic steroids to Davis, and using and carrying the Glock 19, 9-mm handgun during and in relation to the distribution of anabolic steroids to Davis. J.A. 1991) ("relevant conduct also includes all acts and omissions that were 'part of the same course of conduct or common scheme or plan as the offense of conviction' ") (quoting U.S.S.G. Neighbors, Property Information, Public and Historical records. This conclusion is mandated by the broad language used by the guideline drafters. 18 U.S.C. Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information age ~53 . . If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme." 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. 1860, 137 L.Ed.2d 1061 (1997). Senior Manager, Finance & Treasury. The company has 1 contact on record. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. The contact is Paul D Knobloch. 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. Oct 2017 - Present5 years 5 months. 1997) Argued Oct. 14, 1997. We further conclude that this error was plain, i.e., clear. J.A. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. 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. As to the weapons possession issue, Knobloch contends that the enhancement violated U.S.S.G. Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. Search our database of over 100 million company and executive profiles. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. He was also preceded in death by his sister, Jacklyn Nelson. Also known as: Paul Daniel Knobloch; Paul Knobloch; Paul Knoblock; Paul Knobooch; 1119 Spring Valley Dr, Erie, PA 16509814-563-7890. 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. Search by Name, Phone, Address, or Email. Organization Additional Info; Big T Driving Range & Minature Golf: Industry . . No relevant theory of prejudice has been advanced in the briefing before us. at 26. In determining Knobloch's sentence for the offenses in Counts 1, 4 and 5 to which he pled guilty, the district court grouped the marijuana conspiracy and steroid distribution offenses to arrive at a base offense level. Australia Pacific LNG. No relevant theory of prejudice has been advanced in the briefing before us. In a plea agreement, Knobloch agreed to plead guilty to Counts 1, 4, and 5. See Maj. op. 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. Thomas A. Knobloch Erie, Pennsylvania . 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 email address cannot be subscribed. 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. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. 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. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. The two-level enhancement to Knobloch's base offense level increased his sentencing range from 130-147 months to 147-168 months.6 Under these circumstances, we hold that the court committed plain error when it enhanced Knobloch's sentence in contravention of Application Note 2 to U.S.S.G. We have searched the record in vain, however, for any claim by Knobloch that he would have entered a different plea had the district court correctly described the necessary elements of the offense. Login. J.A. 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. There is a more fundamental problem with the government's second theory, however-one that could not be remedied if we were to remand for further proceedings. ), cert. 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. Thus, application of the specific offense characteristic of firearms possession is appropriate. 32(c)(3)). But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. 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. Neighbors, Property Information, Public and Historical records. 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." See U.S.S.G. at 26. 1991), and Knobloch concedes as much. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. See Maj. op. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. 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. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. Kimmons also received a 924(c) sentence and a 2K2.4 enhancement because he had armed both himself and his accomplice in a robbery. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. 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. 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.. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. The court accepted Knobloch's plea. 2K2.4, Application Note 2. 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". Cheryl received a Bachelor of Science degree from New York State College of Ceramics at Alfred University and a Master of . See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir. Ed.2d 142 (1997). We further conclude that this error was plain, i.e., clear. Mabel W Knobloch Mabel Knobloch (1880 - 1966) Jump to: Biography Memories . Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. View Paul W Knobloch's record in Erie, PA including current phone number, address, relatives, background check report, and property record with Whitepages. Enter the email address you signed up with and we'll email you a reset link. See id. " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. at 372. 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. 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. US Court of Appeals for the Third Circuit - 131 F.3d 366 (3d Cir. 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. 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. Id. Paul Knobloch, Appellant. 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. 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. Choreography Paul Knobloch. at 23-25. 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. 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). 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. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. 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. 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. I, therefore, join with it as to these aspects of its opinion. (Johnstone) Knobloch. 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. 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. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. 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. 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. 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. Clubset and the data available through Clubset may not be used to make choices about person employment, insurance, credit, housing or for any other aims that would require FCRA compliance. 1770, 1776, 123 L.Ed.2d 508 (1993). Rev. He was born in Erie on December 10, 1934, to the . Prior to their present address, Katherine resided at 4739 Ashwick Terrace, St Louis, MO 63128. Sign up for our free summaries and get the latest delivered directly to you. Biography ID: 26491594 . 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. Thus, none of the cases cited by the government interprets Application Note 2. 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. 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. A moment later, however, the court incorrectly described the elements of this crime. Paul Knobloch is 34 and has been dancing for more than half his life. 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. 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." Paul Knobloch, 131 F.3d 366 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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. 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. An error is plain only if it is "clear" or "obvious." Accord United States v. Ortega, 94 F.3d 764, 767-68 (2d Cir.1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir.1990). 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. The government concedes that the district court erred when it described one element of the 924(c)(1) offense as during and/or in relation to a drug crime, and it further concedes that the error was plain. 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. 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. 1997) Annotate this Case. It supported the enhancement for Knobloch's role in the marijuana conspiracy. 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. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. P. 52(b). ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir. 3. Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme. J.A. 2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S. Ct. at 1776) (internal quotation marks omitted). U.S.S.G. 1. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. He is the one that is called by Smith. 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). Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. See Maj. op. 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. 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. See id. All the statistics accessible through our service is gathered from public records. 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. I, therefore, join with it as to these aspects of its opinion. When attention was turned to the possibility of an enhancement under U.S.S.G. THOMAS KNOBLOCH OBITUARY. 2D1.1 based on his possession of other firearms. Other Paul Knobloch's; Court Records Found! Facebook gives people the power to share and makes the world more open and connected. See Fed. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. Share Obituary: Thomas A. Knobloch. Resides in Erie, PA. . Id. All rights reserved. Your Honor, he is the one--Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. 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