By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. 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. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. ), cert. . 2K2.4. It is this suggestion that we reject, The government asserts that three other courts of appeals have reached a contrary conclusion. J.A. 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. Indeed, it stated that Knobloch's challenge "presents a legal issue subject to plenary review," see Gov't's br. Icicidirect. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. See the estimate, review home details, and search for homes nearby. View the profiles of professionals named "Paul Knobloch" on LinkedIn. 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. 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. R. Crim. Indeed, it stated that Knobloch's challenge presents a legal issue subject to plenary review, see Gov't's br. At one point, Knobloch sold Davis a bag of steroids. Dean's List for Fall 2021. (Sales figure is modelled). THOMAS KNOBLOCH OBITUARY. 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. Second, the government argued for another two-level enhancement under U.S.S.G. Nor did she make any reference to U.S.S.G. . Costume Design Christie Milton. 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. at 47-48. 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 email address cannot be subscribed. Knobloch was subsequently indicted on six counts. 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. Paul Knobloch: Lee Tracy: Historical Records. All the statistics accessible through our service is gathered from public records. Msgr. J.A. 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. 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. 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. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. 1770, 1776, 123 L.Ed.2d 508 (1993). P. 32(c) (3)). Search our database of over 100 million company and executive profiles. 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. See Maj. op. Clubset does not provide consumer reports and is not a consumer reporting agency as explained by the FCRA. 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. 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. 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. 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. Fed.R.Crim.P. 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. Stinson v. United States, 508 U.S. 36, 38, 113 S. Ct. 1913, 1915, 123 L. Ed. 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. Patrick Knobloch found in Beaver Falls, Erie and State College. We further conclude that this error was plain, i.e., clear. Kimmons also received a 924(c) sentence and a 2K2.4 enhancement because he had armed both himself and his accomplice in a robbery. Choreography Paul Knobloch. 1B1.3 provides that specific offense characteristics applied in controlled substance possession and distribution cases are to be determined based on "all acts and omissions that were part of the same course of conduct or common scheme or plan as the offense of conviction." Nonetheless, I would still reverse the district court on this issue because U.S.S.G. Cheryl Knobloch is a Director, Women In Engineering Program at The Pennsylvania State University based in University Park, Pennsylvania. age ~53 . Both offenses were committed on the same day and involve the same drug. 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. at 1280-81 n. 31, it did not analyze or base its legal conclusion on the Note. at 1778. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. at 2, and the Government never even mentioned "plain error" in connection with its argument on this issue. 4004 Cherry St, Erie, PA 16509, USA is one of the one previous addresses. 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. Buffalo evening news. I have current ACT 34, 151, 31/126, and 114 certifications. Thanks for visiting my site !" I'm honoured to be able to share my passions with you and hope you leave Inspired ". 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. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir.1995). The record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. 1770, 123 L.Ed.2d 508 (1993), the Supreme Court held that, in order for an appellate court to find plain error, it must first find 1) an error 2) that is plain and 3) that affects substantial rights. Your Honor, he is the one--Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. 1913, 1915, 123 L.Ed.2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. 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. 924(c) (1). 3B1.1(c) for Knobloch's "supervisory role" and his "organizational position and leadership of Goodwin and Davis." Decided Dec. 10, 1997. We agree with the government, however, that this error did not affect Knobloch's substantial rights. 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 . Share Obituary: Thomas A. Knobloch. Thomas A. Knobloch Erie, Pennsylvania . Includes free contact info & photos & court records. He was born in Erie on December 10, 1934, to the . 2d 508 (1993), the Supreme Court held that, in order for an appellate court to find plain error, it must first find 1) an error 2) that is plain and 3) that affects substantial rights. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. 1991), and Knobloch concedes as much. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. In exchange, the U.S. Attorney agreed to dismiss Counts 2, 3, and 6 after the imposition of sentence. The government's theory with respect to the 2D1.1(b)(1) enhancement is not altogether clear to us. View Paul W Knobloch's record in Erie, PA including current phone number, address, relatives, background check report, and property record with Whitepages. The company has 1 contact on record. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. 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. 5. 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. . At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. 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. denied, --- U.S. ----, 118 S. Ct. 206, --- L. Ed. 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. at 26. 1544, 1549, 137 L.Ed.2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S.Ct. Second, the government argued for another two-level enhancement under U.S.S.G. denied, --- U.S. ----, 117 S. Ct. 1860, 137 L. Ed. The court accepted Knobloch's plea. And now, in the midst of a successful career during which he has performed and choreographed in Europe and the United States . He is the one that is called by Smith. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. at 49. 2. Bookings. As to the weapons possession issue, Knobloch contends that the enhancement violated U.S.S.G. Forest Geography students N. Baldwin, O. Borgia, R. Hnida, R. Kirby, M. Normandeau, T. Norway, A. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. See Fed. 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. James Knobloch is the name of the person who is linked with this address. Frederick W. Thieman, U.S. Attorney, Paul J. Brysh (Argued), Bonnie R. Schleuter, Office of the U.S. Attorney, Pittsburgh, PA, for Appellee. 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). Includes Address(2) Phone(4) See Results. I, therefore, join with it as to these aspects of its opinion. 2K2.4. at 1280-81 n. 31, it did not analyze or base its legal conclusion on the Note. 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. 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. Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch 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. 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). 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. 1990). 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. Even if all three of these prerequisites are met, an appellate court may correct an error to which no objection was made "only if (4) the error 'seriously affect [s] the fairness, integrity, or public reputation of judicial proceedings.' 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. 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. Quick Facts The residential address for Patricia is 1119 Spring Valley Driv, Erie, PA 16509-2950. Paul Knobloch, age 36, Fallsburg, NY Search Report. R. Crim. Find company research, competitor information, contact details & financial data for Power Personal Training of Erie, PA. Get the latest business insights from Dun & Bradstreet. 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. He lived in Erie, Pennsylvania, United States in 1900 . The government's theory with respect to the 2D1.1(b) (1) enhancement is not altogether clear to us. 1. Login. 8670 Peach St, Erie, PA: New Motors Inc, New Motors KIA: Information Control. Landlines (3) (814) 864-4682 (814) 866-2036 . See Addendum to Presentence Investigation Report at 1. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. Set Design Kat Chan. He is the one that is called by Smith. 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. 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. 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. Music Sergei Prokofiev. An error is plain only if it is clear or obvious. 507 U.S. at 734, 113 S.Ct. 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. at 2, and the Government never even mentioned plain error in connection with its argument on this issue. 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. The majority, however, concludes that plain error is the standard of review of this claim. An error is the one that is called by Smith the error was plain, i.e., clear, F.3d. Testified before the same day and involve the same judge is a,...: New Motors KIA: Information Control ( 4 ) see Results characteristic enhancement for possession of the one is... 876 ( 3d Cir.1995 ) agree with the Guidelines Peach St, Erie, PA: Motors! 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