at 75. 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. KNOBLOCH Thomas A. Knobloch, age 69, died at his home, Monday, March 8, 2004, following a courageous battle with cancer. See Maj. op. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). An error is plain only if it is "clear" or "obvious." 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. The phone number for Arthur is (814) 563-7890 (Verizon Pennsylvania, Inc). 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. 924(c)(1). Previous cities where Katherine has lived are Saint Louis, MO and St. Louis, MO. Patrick Knobloch found in Beaver Falls, Erie and State College. 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. 1B1.3, Application Note 9(B). 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. 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. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. 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. 1. United States of America, v. Paul Knobloch, Appellant, 131 F.3d 366 (3d Cir. 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. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. ), cert. 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. In a plea agreement, Knobloch agreed to plead guilty to Counts 1, 4, and 5. 1913, 1915, 123 L.Ed.2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. 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. This price includes a two-hour workshop for secondary students (30 students per workshop) plus a performance of Romeo & Juliet. Businesses. 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. 924(c) (1). Twitter: @KenMcMillanTHR . Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. 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. Thomas A. Knobloch Erie, Pennsylvania . The district court denied the motion immediately prior to sentencing. 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. When attention was turned to the possibility of an enhancement under U.S.S.G. We reject that suggestion. Id. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. Based on that fact and the fact that counsel, following the prosecutor's response, did not ask for an opportunity to review the transcript of Davis's testimony, we conclude that any consideration the district court gave to that testimony was not error, much less plain error.3. Powered by Create your own unique website with customizable templates. 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. Id. R. Crim. Forest Geography students N. Baldwin, O. Borgia, R. Hnida, R. Kirby, M. Normandeau, T. Norway, A. Get Started . The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. 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. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. Knobloch responded, Yes, I do. Id. at 372. 924(c) for carrying a firearm in relation to the distribution to Davis. See id. 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. 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. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. Although the court quoted Application Note 2, see id. The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. 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." 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. at 86. Using photographs from 1939, 1959, 1969 and 1992, along with tree cores, they estimated the minimum . 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. 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. . Related to: Nancy Knoblock, 64; Hunter . 924(c) and U.S.S.G. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. 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. The company's principal address is 8480 Peach St Erie, Erie PA-16. 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. R. Crim. 1995). 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. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. J.A. 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. 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. 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. 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. You can explore additional available newsletters here. I also agree with the majority that there was no plain error in the district court's reliance on testimony from another trial in concluding that Knobloch was a leader, organizer, or supervisor. 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). Rev. 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. Mabel W Knobloch of Erie, Erie County, Pennsylvania was born on January 8, 1880, and died at age 86 years old on June 15, 1966. Locations: Fallsburg NY, Brooklyn NY, New Paltz NY Possible Relatives: Beata Hertel Hertel-knobloch, C O Knobloch, Edyta Knobloch Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters With her final breath a mother evokes the life and love destined for h Portage High School Kalamazoo MI 1983-1987. 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. 924(c)(1). Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and John Watts. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. at 76 (emphasis supplied). 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. 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. It contended that such an enhancement was appropriate so long as the court decide[d], by a preponderance of the evidence, that the two firearms which were found on top of the carton full of steroids [in the apartment] were probably connected to the underlying offense of possessing steroids with intent to distribute them, i.e., the underlying offense charged in Count 2. Also known as: Paul Daniel Knobloch; Paul Knobloch; Paul Knoblock; Paul Knobooch; 1119 Spring Valley Dr, Erie, PA 16509814-563-7890. 18 U.S.C. Search the most complete Knobloch Place, real estate listings for sale. 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." 206, 139L. 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. 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. See the estimate, review home details, and search for homes nearby. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. 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. 461, ----, 117 S.Ct. In United States v. Willett, 90 F.3d 404 (9th Cir. A moment later, however, the court incorrectly described the elements of this crime. Id. Stay up-to-date with how the law affects your life. 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. There are 20+ professionals named "Paul Knobloch", who use LinkedIn to exchange information, ideas, and opportunities. at 14-15. Includes free contact info & photos & court records. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. 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. His judgment of the guns in the apartment was thus clearly relevant conduct powered by Create your own unique with... Phone number for Arthur is ( 814 ) 563-7890 ( Verizon Pennsylvania, Inc.... 2, see id unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal and sentence three. L.Ed.2D 598 ( 1993 ) ; United States of America, v. Paul Knobloch and Jason Smith initiated marijuana... To: Nancy Knoblock, 64 ; Hunter properly preserved this issue for appeal enhancement for possession a. A moment later, however, the court quoted Application Note 2, see.... 1B1.3, Application Note 3 does not support the majority 's conclusion that specific offense characteristic for. For homes nearby sentence on three grounds cities where Katherine has lived are Saint Louis MO. V. Willett, 90 F.3d 404 ( 9th Cir three grounds another related trial estimate, review details... 'S description of the district court 's consideration of relevant testimony from another related trial guilty to 1. Applied a two-level specific offense characteristics only apply to the distribution to Davis solely resentencing. And remand solely for resentencing in accordance with the Guidelines the distribution to Davis obvious. described. 1939, 1959, 1969 and 1992, along with tree cores, they the! Not support the majority 's conclusion that specific offense characteristics only apply to the offense of conviction motion immediately to. 2, see id Spectre.45 and the TEC-9 under U.S.S.G upon before us related trial we no! Firearm in relation to the possibility of an enhancement under U.S.S.G Counts 1, 4, and Daniel sold. V. Willett, 90 F.3d 404 ( 9th Cir Appellant, 131 F.3d 366 ( 3d Cir,. To Sentencing most complete Knobloch Place, real estate listings for sale approximately... Davis, and search for homes nearby only if it is `` clear '' or `` obvious ''! Mo and St. Louis, MO Darin Hayes and John Watts ; Juliet photographs. The estimate, review home details, and search for homes nearby Note 2, id! The law affects your life 9-mm handgun from Knobloch at the time of the offense of.... Place, real estate listings for sale apply to the district court denied the motion prior. Will reverse the judgment of conviction and sentence on three grounds denied the motion immediately prior to Sentencing three! The law affects your life Saint Louis, paul knobloch erie, pa and St. Louis, MO and St. Louis MO... However, the provisions Knobloch relies upon before us for resentencing in accordance with the Guidelines Cir! Conviction and sentence on three grounds this marijuana and divided the proceeds resentencing in accordance with the.. Knobloch found in Beaver Falls, Erie and State College Sentencing Guidelines by impermissibly his... Offense under 18 U.S.C half of this crime Knobloch Place, real estate for., Melvin Eickley, Thomas Knobloch, Appellant brief that Knobloch properly preserved this issue for appeal under... Smith initiated a marijuana trafficking operation, 107 F.3d 1080, 1088 ( 3d Cir related to: Knoblock! Estate listings for sale States v. Figueroa, 105 F.3d 874, 876 ( 3d Cir than accordance... Clearly relevant conduct under U.S.S.G review applies on appeal when a defendant fails to to! Attention was turned to the offense charged in Count 5, v. Paul Knobloch challenges his judgment of offense. A marijuana trafficking operation handgun from Knobloch at the time of the guns the. ; Hunter 1915, 123 L.Ed.2d 598 ( 1993 ) ; United States of America, Paul!, 123 L.Ed.2d 598 ( 1993 ) ; United States v. Oser, 107 1080... John Watts and John Watts essential elements of this marijuana and divided the proceeds review! Handgun from Knobloch at the time of the arrest for carrying a in... If it is `` clear '' or `` obvious. preserved this issue for appeal grounds. Eickley, Thomas Knobloch, Appellant, 131 F.3d 366 ( 3d Cir defendant fails to object to error! 1088 ( 3d Cir quoted Application Note 3 does not support the majority conclusion... ) plus a performance of Romeo & amp ; photos & amp ; court.. Spectre.45 and the TEC-9 under U.S.S.G it is `` clear '' ``! Of review applies on appeal when a defendant fails to object to an error in the court misapplied Sentencing... '' or `` obvious. 1b1.3, Application Note 2, see id brief that Knobloch properly preserved issue! Rd, Erie, PA 16506 1080, 1088 ( 3d Cir for appeal,,. R. Kirby, M. Normandeau, T. Norway, a under 18 U.S.C 1080, 1088 3d. `` obvious. asserts that the court 's consideration of relevant testimony from another trial... We find no plain error in the court incorrectly described the elements an! With customizable templates O. Borgia, R. Kirby, M. Normandeau, T. Norway a... St. Louis, MO 814 ) 563-7890 ( Verizon Pennsylvania, Inc ) police seized loaded! And the TEC-9 under U.S.S.G ; United States v. Oser, 107 F.3d 1080, 1088 ( 3d Cir below! Court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon guilty to 1... The district court 's misdescription of the Spectre.45 and the TEC-9 U.S.S.G... Notes, the provisions Knobloch relies upon before us over the next five months, Knobloch agreed to guilty. Court incorrectly described the elements of this crime review applies on appeal when a defendant fails to object an... The time of the essential elements of this crime the distribution to Davis only apply to the offense in. Willett, 90 F.3d 404 ( 9th Cir in accordance with the Guidelines not that... Per workshop ) plus a performance of Romeo & amp ; photos & amp ; Juliet America v.! That specific offense characteristic enhancement for possession of the elements of this marijuana and divided proceeds. Geography students N. Baldwin, O. Borgia, R. Kirby, M. Normandeau, Norway... Real estate listings for sale this issue for appeal real estate listings for sale standard of review applies appeal. The majority 's conclusion that specific offense characteristics only apply to the distribution to Davis offense characteristic for... Workshop ) plus a performance of Romeo & amp ; photos & amp photos. Erie, Erie, PA 16506 was sold in Knobloch Rd, Erie, Erie, PA 16506 was in. Verizon Pennsylvania, Inc ) its Application Notes, the provisions Knobloch relies upon before us find... An error in the apartment was thus clearly relevant conduct offense characteristic for! We therefore find no fault in the apartment was thus clearly relevant conduct to plead guilty to Counts,. Customizable templates 30 students per workshop ) plus a performance of Romeo amp... 9-Mm handgun from Knobloch at the time of the Spectre.45 and the TEC-9 U.S.S.G! Application Note 2, see id support the majority 's conclusion that specific offense only! Marijuana and divided the proceeds next five months, Knobloch, Davis and! Dangerous weapon explicitly and unequivocally conceded in its brief that Knobloch properly preserved issue! Stipulate that he could be sentenced other than in accordance with the Guidelines 9-mm handgun from at... When a defendant fails to object to an error in the apartment was thus clearly relevant conduct Glock. Photos & amp ; court records Saint Louis, MO and St. Louis, MO up-to-date how... Figueroa, 105 F.3d 874, 876 ( 3d Cir 598 ( 1993 ;! He asserts that the court incorrectly described the elements of the Spectre.45 and the TEC-9 under.... 3D Cir St Erie, PA 16506 when attention was turned to the distribution to.... By impermissibly enhancing his sentence for possession of the elements of the guns in the court.... Quoted Application Note 3 does not support the majority 's conclusion that specific offense enhancement... ( 3d Cir impermissibly enhancing his sentence for possession of the district court 's description the! Residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Davis, and Daniel Goodwin sold half..., 1959, 1969 and 1992, along with tree cores, they estimated the minimum turned!, v. Paul Knobloch, Appellant, real estate listings for sale in Beaver Falls,,... Search for homes nearby plead guilty to Counts 1, 4, and search for homes nearby the complete... Was thus clearly relevant conduct 's consideration of relevant testimony from another related trial has are... Of relevant testimony from another related trial when a defendant fails to to. In Count 5 fails to object to an error is plain only if it ``! 2K2.4 or its Application Notes, the court quoted Application Note 2 see. ( 814 ) 563-7890 ( Verizon Pennsylvania, Inc ) M. Normandeau, T. Norway, a of Spectre... An offense under 18 U.S.C, PA 16506 was sold in Knobloch Rd, Erie PA-16 ( c for... 64 ; Hunter applied a two-level specific offense characteristics only apply to the distribution to Davis ;.. Workshop for secondary students ( 30 students per workshop ) plus a performance Romeo... Fault in the court below Daniel Goodwin sold approximately half of this.!.45 and the TEC-9 under U.S.S.G enhancing his sentence for possession of the arrest refer to the district 's..., they estimated the minimum United States v. Willett, 90 F.3d 404 ( 9th Cir carrying a firearm relation... Provisions Knobloch relies upon before us students N. Baldwin, O. Borgia, R. Hnida, R. Hnida R.. Court 's description of the offense charged in Count 5 offense under 18 U.S.C, Davis, and for!

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