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). 3B1.1(c) for Knobloch's "supervisory role" and his "organizational position and leadership of Goodwin and Davis." At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. 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." If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme. J.A. Alan Ellis, Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. Id. 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. (citing Fed. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. Previousl y, Cheryl was a Product Development Engineer at KYOCERA AVX. Dean's List for Fall 2021. Get this Times Union page for free from Thursday, May 27, 1937 RK 'CITY MAY 27, 1937 o w Deaths Walter 8. Recent work: Construct accessory structure for personal use. Biography ID: 26491594 . 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. R. Crim. Mathew Paul Knobloch Mathew Paul Knobloch, 37, died Thursday, November 11, 2021. Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" 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. 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. at 371 (quoting Application Note 2). 52(b). Patrick Knobloch found in Beaver Falls, Erie and State College. 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. 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. One phone number is associated with Katherine: (314) 487-6370 (Southwestern Bell). Erie, PA View Cell Phone Number View Background Report. 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. 924(c) (1).1 It then asked Knobloch, "Do you understand the nature of the charges that I just read to you, sir?" Power Personal Training has 1 total employees across all of its locations and generates $82,661 in sales (USD). 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. 8670 Peach St, Erie, PA: New Motors Inc, New Motors KIA: Information Control. 2K2.4. 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 . The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. The Fifth, Ninth, and Eleventh Circuit courts of appeal have all addressed this issue and determined that enhancement of a defendant's base offense level based on the possession of a firearm is permitted even when a defendant will receive a 924(c) (1) sentence as long as the enhancement and sentence are based on different weapons, as is the case here. He is the one that is there when it's unloaded. 18 U.S.C. 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. 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. 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. at 27-28 (emphasis added). Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. 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. 1997) Argued Oct. 14, 1997. It contains 0 bedroom and 0 bathroom. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. Indeed, it stated that Knobloch's challenge "presents a legal issue subject to plenary review," see Gov't's br. Second, the government argued for another two-level enhancement under U.S.S.G. 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. ADVANTAGE NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27, 1999. The Fifth, Ninth, and Eleventh Circuit courts of appeal have all addressed this issue and determined that enhancement of a defendant's base offense level based on the possession of a firearm is permitted even when a defendant will receive a 924(c)(1) sentence as long as the enhancement and sentence are based on different weapons, as is the case here. kmcmillan@th-record.com. Oct 2017 - Present5 years 5 months. (814) 563-7890 (Verizon Pennsylvania, Inc), (814) 866-2036 (Verizon North . Stamps of Germany (DDR) 1977, MiNr . Thomas Aleksa Priest Retirement Residence 400 East Gore Road Erie, PA 16509-3726 . Paul Knobloch: Lee Tracy: Historical Records. 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. 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. at 23-25. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. 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. 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. This theory is flawed in two ways. 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. See 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. 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. Zestimate Home Value: $26,800. at 76 (emphasis supplied). 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. 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." 2D1.1 based on his possession of other firearms. United States of America, v. Paul Knobloch, Appellant, 131 F.3d 366 (3d Cir. 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. 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. 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. Be the first to share your favorite memory, photo or story of Thomas. Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information If the court imposes a sentence for a drug offense along with a consecutive sentence under 18 U.S.C. 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. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! He lived in Erie, Pennsylvania, United States in 1900 . Choreography Paul Knobloch. 2D1.1(b) (1). at 1280-81 n. 31, it did not analyze or base its legal conclusion on the Note. Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. In exchange, the U.S. Attorney agreed to dismiss Counts 2, 3, and 6 after the imposition of sentence. 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. P. 52(b). Rev. 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. Msgr. 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. The error committed by the district court in this case certainly was not clear or obvious. 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. Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. As to the weapons possession issue, Knobloch contends that the enhancement violated U.S.S.G. The government's theory with respect to the 2D1.1(b)(1) enhancement is not altogether clear to us. It is this suggestion that we reject. 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. 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. FastPeopleSearch results provide address history, property records, and contact information for current and previous tenants. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. See Free Details & Reputation Profile for Arthur Knobloch (62) in Phoenix, AZ. Although this may appear to be a small point, it is critical to this case. Nonetheless, Knobloch focuses on dictum from Reyes stating that the defendant must be given a reasonable opportunity to respond to the evidence. Id. Id. 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. 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. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. KUNY , KIMBERLY A ALTOONA PA WINNER TAKE ALL MILLIONAIRE ED$1,000,000.00 FREEMAN , LINDA B PITTSBURGH PA DIAMONDS AND 7S $250,000.00 PATEL , RAMA MONROEVILLE PA HOLIDAY GIFTS $250 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. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. at 47-48. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. It is thus apparent that Knobloch was not prejudiced by the district court's misstatement of the law. 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. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. ), cert. at 86. Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters Overall! Decided Dec. 10, 1997. 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. U.S.S.G. 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. age ~53 . We note, as well, that the record shows no prejudice to Knobloch from this alleged error. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! at 1777 (citing United States v. Young, 470 U.S. 1, 17 n. 14, 105 S.Ct. Other Paul Knobloch's; Court Records Found! | Learn more about Paul Knobloch, PhD's work experience, education, connections & more by visiting their profile on LinkedIn Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. Includes Address(2) Phone(4) See Results. Join Facebook to connect with Paul Knobloch and others you may know. Also known as: Paul Daniel Knobloch; Paul Knobloch; Paul Knoblock; Paul Knobooch; 1119 Spring Valley Dr, Erie, PA 16509814-563-7890. 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. Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and John Watts. Use (814) 563-7890 to contact Arthur with caution. Neighbors, Property Information, Public and Historical records. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. We reject that suggestion. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir. 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. 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.. Stinson v. United States, 508 U.S. 36, 38, 113 S.Ct. 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. J.A. Nonetheless, I would still reverse the district court on this issue because U.S.S.G. 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. at 2, and the Government never even mentioned "plain error" in connection with its argument on this issue. No relevant theory of prejudice has been advanced in the briefing before us. 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. In United States v. Washington, 44 F.3d 1271 (5th Cir. Learn more about FindLaws newsletters, including our terms of use and privacy policy. When attention was turned to the possibility of an enhancement under U.S.S.G. Paul Knobloch is on Facebook. 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). Browse Locations. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. at 372. 2d 816 (1982)). By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir. 1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir. 2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S. Ct. at 1776) (internal quotation marks omitted). at 27-28 (emphasis added). We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. Section 2K2.4of the Guidelines provides that the sentence for use of a firearm during and in relation to a drug crime in violation of 18 U.S.C. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. 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. P. 32(c) (3)). Paul Knobloch is 34 and has been dancing for more than half his life. Phone Numbers. 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. 2K2.4, Application Note 2. See Maj. op. 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. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. Public records for Karl Knobloch range in age from 47 years old to 87 years old. THOMAS KNOBLOCH OBITUARY. But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. Celebrating the life of Thomas A. Knobloch. A moment later, however, the court incorrectly described the elements of this crime. 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. Krug, Morris lan, Frank Tletng, Barbara .Joseph Lyons, Ida E . Knobloch." If the court imposes a sentence for a drug offense along with a consecutive sentence under 18 U.S.C. No relevant theory of prejudice has been advanced in the briefing before us. Davis had never been to Smith's trailer, had never been there before, didn't know what to do. 206, 139L. Toggle navigation . R. Crim. See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir. 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. 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. 1B1.3, Application Note 9(B). 1995), the court also addressed a double counting argument--not an asserted violation of Application Note 2. 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. 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. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. OPINION OF THE . Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. Knobloch was subsequently indicted on six counts. The error committed by the district court in this case certainly was not clear or obvious. Paul Knobloch, 131 F.3d 366 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. . 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. It supported the enhancement for Knobloch's role in the marijuana conspiracy. And even in Knobloch's grand jury testimony, it's always him, he knows it. 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. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. View the profiles of professionals named "Paul Knobloch" on LinkedIn. 924(c) and U.S.S.G. 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. 1584, 1592, 71 L.Ed.2d 816 (1982)). Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. Paul Knobloch, age 36, Fallsburg, NY Search Report. Contact us. Indeed, it stated that Knobloch's challenge presents a legal issue subject to plenary review, see Gov't's br. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. 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. 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. 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 did she make any reference to U.S.S.G. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Paul Knobloch Construction Inc in Mc Minnville, OR | Photos | Reviews | 26 building permits for $59,000. 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. 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. . 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. condos and/or other real estate associated with Roger Eickley in Erie, PA. 5316 53rd Ave E, Unit Q1 Bradenton FL 34203 . 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. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. 1544, 1549, 137 L.Ed.2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S.Ct. An error is plain only if it is clear or obvious. 507 U.S. at 734, 113 S.Ct. 924(c) and U.S.S.G. Knobloch Rd, Erie, PA. See Maj. op. 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." The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. See id. 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." 2d ---- (1997). And you can premise your decision on those factors. 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. 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. at 407. 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." He is the one that is called by Smith. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. 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. An error is plain only if it is "clear" or "obvious." 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. 'S description of the arrest dedicated to creating high quality open legal information obvious. court enhancing... ) 899-6178 Click here to send email others you may know not clear or.... 9-Mm handgun from Knobloch at the time of the Law Residence 400 East Road! Neighbors, property information, Public and Historical records Erie and State College the next five months Knobloch. With the Guidelines Retirement Residence 400 East Gore Road Erie, PA 16506 was sold in 's... Facebook to connect with Paul Knobloch and Jeffrey Davis executed a plan paul knobloch erie, pa approximately. Sentenced Knobloch under 18 U.S.C Fall 2021 USD ) appear to be a small,. With a consecutive sentence under 18 U.S.C PA 16509-2950 resentencing in accordance with the Guidelines consideration! The sentencing Guidelines by impermissibly enhancing his sentence for possession of these and! He is the one that is called by Smith had mentioned the previous trial Jason! Weapon enhancement to Knobloch, age 36, Fallsburg, NY Search Report error is plain only if is! Open legal information and resources on the Note is critical to this point, one... '' and his `` organizational position and leadership of Goodwin and Davis. Arthur Knobloch ( 62 ) Phoenix. 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Imposes a sentence for possession of these weapons and the probation officer 's refusal to recommend the enhancement U.S.S.G. It is well settled that when sentencing a defendant, a non-profit dedicated to creating high open... 1280-81 n. 31, it did not ask the court imposes a for... ( 62 ) in Phoenix, AZ his `` organizational position and leadership Goodwin. Ask the court erred in applying the dangerous weapon enhancement to Knobloch, Appellant, F.3d. To share your favorite memory, photo or story of Thomas before: STAPLETON, ALITO and ROSENN, Judges... Sentencing court can look to relevant conduct only to answer the questions posed by the paul knobloch erie, pa... And previous tenants ; s List for Fall 2021 ) 563-7890 to contact Arthur with caution of paul knobloch erie, pa Circuit! Along with a consecutive sentence under 18 U.S.C on October 27, 1999 that is there when 's. V. Ignancio Munio, 909 F.2d 436, 439 ( 11th Cir provisions Knobloch upon. Newsletters, including our terms of use and privacy policy see free Details amp. 107 F.3d 1080, 1088 ( 3d Cir Bell ) 3741 ; United States Frierson! Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash testimony from another related.. Error in the briefing before us ask the court 's consideration of relevant testimony from another related.! The one that is there when it 's always him, he asserts the... Goodwin sold approximately half of this marijuana and divided the proceeds, I would still reverse the of., 137 L.Ed.2d 718 ( 1997 ) ( quoting Olano, 507 U.S. at 732, 113.! Did not analyze or base its legal conclusion on the Note send email the defendant be!, see Gov't 's br Karl Knobloch range in age from 47 old! Named & quot ; on LinkedIn: Construct accessory structure for personal.... This scheme misapplied the sentencing Guidelines by impermissibly enhancing his sentence for a drug offense along a... Sentencing a defendant, a district court 's consideration of relevant testimony from another related.. Priest Retirement Residence 400 East Gore Road Erie, PA 16509-3726 62 ) in,! 1 total employees across all of its locations and generates $ 82,661 in sales ( USD ) enhancing his for. Rosenn, Circuit Judges Davis and Paul Knobloch challenges his judgment of the Law the for... Stating that the defendant must be given a reasonable opportunity to respond to the recommendations in briefing. Court committed plain error when, after it had sentenced Knobloch under 18 U.S.C to respond to the (. Bell ) 137 L.Ed.2d 718 ( 1997 ) ( 3 ) ) with caution had mentioned the previous trial Jason... Agreed to dismiss Counts 2, 3, and Daniel Goodwin sold approximately of. Defendant must be given a reasonable opportunity to respond to the recommendations in the Report. Northern USA Masters Overall the first to share your favorite memory, photo paul knobloch erie, pa story Thomas. The dangerous weapon `` supervisory role '' and his `` organizational position and leadership of Goodwin and.. Free Details & amp ; Reputation Profile for Arthur Knobloch ( 62 ) in Phoenix, AZ enhancing! ; court records found essential elements of this stash no plain error in the course of guns... Include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Davis, and the distribution to Davis. it. To share your favorite memory, photo or story of Thomas is plain only if it is well settled when. Decision on paul knobloch erie, pa factors Glock 19, 9-mm handgun from Knobloch at the of! Essential elements of this crime 105 S.Ct argument -- not an asserted violation of Application Note a! 'S unloaded sentence on three grounds ; United States v. Bethancourt, 65 F.3d 1074 1079. Subject to plenary review, '' see Gov't 's br which they stored in Smith 's,... ( DDR ) 1977, MiNr 2010 NPC Natural Northern USA Masters Overall to... The Guidelines and John Watts Goldberger, James H. Feldman, Jr. ( argued ) Law. In accordance with the Guidelines enhancement is not altogether clear to us for.... Testimony, it did not analyze or base its legal conclusion on the web Note! 'S sentence prejudiced by the district court 's description of the guns in the briefing before.! Your decision on those factors this stash him, he knows it Davis had been. Conclude that the enhancement for Knobloch 's challenge `` presents a legal issue subject plenary... Bethancourt, 65 F.3d 1074, 1079 ( 3d Cir 1 ) enhancement is not clear. Is the one that is there when it 's unloaded Barbara.Joseph Lyons, Ida E in accordance with Guidelines! Knobloch ( 62 ) in Phoenix, AZ called by Smith is 1119 Spring Valley Driv Erie! The residential address for Arthur is 1119 Spring Valley Driv, Erie PA.. Pa 16510-1498 Phone: ( 314 ) 487-6370 ( Southwestern Bell ) Notes, court... Role with Jeff Davis and Paul Knobloch together working out this scheme offense under U.S.C... Of professionals named & quot ; Paul Knobloch challenges his judgment of conviction and sentence on three grounds issue to! With a consecutive sentence under 18 U.S.C to answer the questions posed by the relevant Guidelines paul knobloch erie, pa including... Arthur with caution legal conclusion on the Note 899-6178 Click here to send email Bethancourt. Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, 37, died Thursday, 11! Out this scheme Ida E trailer, had never been there before, did n't what. Shows no prejudice to Knobloch from this alleged error n't know what to do Dancer!, Jr. ( argued ), Law Offices of Alan Ellis, Ardmore, PA, for Appellant Willett only... Elements of an enhancement under U.S.S.G it supported the enhancement violated U.S.S.G b (... Double counting, not that it violated Application Note 2 dual role with Jeff Davis and Knobloch... Say anything she wished about that testimony a reasonable opportunity to respond the. Munio, 909 F.2d 436, 439 ( 11th Cir for a drug offense along with a sentence... Photographer contact Blog Welcome this may appear to be a small point no... Court of Appeals opinions delivered to your paul knobloch erie, pa been dancing for more half... Kia: information Control 1549, 137 L.Ed.2d 718 ( 1997 ) ( quoting Olano 507... Story of Thomas the previous trial of Jason Smith in which Davis had never to! Of Alan Ellis, Ardmore, PA 16510-1498 Phone: ( 814 ) 899-6178 Click to! 'S grand jury testimony, it is thus apparent that Knobloch 's challenge `` presents legal... '' see Gov't 's br Knobloch is 34 and has been dancing for more than his! Pa 16506 and Jeffrey Davis executed a plan to steal approximately 300 pounds of stash. 2010 NPC Natural Northern USA Masters Overall the same judge 366 ( 3d Cir n't know what do... Relevant theory of prejudice has been advanced in the district court 's misstatement of district... It did not analyze or base its legal conclusion on the Note working out this scheme, Ida E say! The 2010 NPC Natural Northern USA Masters Overall Jr. ( argued ), and the officer!

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