924(c) and U.S.S.G. 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. The phone number for Arthur is (814) 563-7890 (Verizon Pennsylvania, Inc). Thus, none of the cases cited by the government interprets Application Note 2. Thus, none of the cases cited by the government interprets Application Note 2. 3. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 1770, 1776, 123 L.Ed.2d 508 (1993). at 1280-81 n. 31, it did not analyze or base its legal conclusion on the Note. We know that Arthur T Knobloch, Paul D Knobloch, and three other persons also lived at this address, perhaps within a different time frame. Appellate counsel has had ample opportunity since the sentencing hearing to review Davis's testimony and articulate some basis for believing it would have benefited Knobloch in some way had the district court, sua sponte, ordered a continuance of the proceedings to afford defense counsel an opportunity for further preparation. R. Crim. 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. 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. 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. The Guidelines specify base offense levels only for crimes of which the defendant has been convicted, and it is apparent from its text and Application Note 3 that 2D1.1(b)(1) authorizes a specific offense characteristic enhancement only for a dangerous weapon possessed in connection with the offense of conviction giving rise to the base offense level to be enhanced.4. 2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S. Ct. 1584, 1592, 71 L. Ed. See Fed. . They were the parents of at least 1 son. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. Paul Knobloch, Annmarie Knobloch, Ashley Knobloch. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. Second, the government argued for another two-level enhancement under U.S.S.G. In United States v. Olano, 507 U.S. 725, 113 S.Ct. 1995). Bruce Allison 2920 Logan Drive Erie, PA 16506 Retired Click here to send email . He was born in Erie on December 10, 1934, to the . 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. 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. at 75. Resides in Erie, PA. . J.A. 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. 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. 1992) (same). 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. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. 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. 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. 1584, 1592, 71 L.Ed.2d 816 (1982)). Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Copyright 2023, Thomson Reuters. 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." at 86. 2. We conclude that the district court committed plain error when it applied a two-level specific offense characteristic enhancement under 2D1.1(b)(1) when it was required to impose a five year sentence under 924(c). 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 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. We note, as well, that the record shows no prejudice to Knobloch from this alleged error. 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. The majority, however, concludes that plain error is the standard of review of this claim. See Maj. op. Knobloch Rd, Erie, PA. 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. 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. 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. J.A. 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. 2d 1061 (1997). 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. 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. 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. Powered by Create your own unique website with customizable templates. See id. The company's principal address is 8480 Peach St Erie, Erie PA-16. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). 2K2.4(a), the district court imposed a mandatory five-year sentence--consecutive to the sentence for the drug offenses--on Count 5 for using and carrying the Glock 19 during and in relation to Knobloch's sale of steroids to Davis. Recent work: Construct accessory structure for personal use. No relevant theory of prejudice has been advanced in the briefing before us. Dancer Paul Knobloch's official website. at 23-25. The majority, however, concludes that plain error is the standard of review of this claim. Previousl y, Cheryl was a Product Development Engineer at KYOCERA AVX. 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. Power Personal Training has 1 total employees across all of its locations and generates $82,661 in sales (USD). An error is plain only if it is "clear" or "obvious." No relevant theory of prejudice has been advanced in the briefing before us. 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 . 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. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir. (citing Fed. 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. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. at 1776) (internal quotation marks omitted). The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. Thus, application of the specific offense characteristic of firearms possession is appropriate. 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. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. at 23-25. See Maj. op. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. at 372. Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and John Watts. " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. 18 U.S.C. 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." Knobloch's counsel clearly was not surprised by any reference to Davis's testimony-in fact, it was she who first mentioned the testimony. Sign up for our free summaries and get the latest delivered directly to you. Login. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Paul Knobloch, Appellant. 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." 1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. 1990). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir. An error is plain only if it is clear or obvious. 507 U.S. at 734, 113 S.Ct. See id. No rule of law prohibits the court from making its factual conclusions at sentencing based on testimony from a separate proceeding, United States v. Reyes, 930 F.2d 310, 316 (3d Cir.1991), and Knobloch concedes as much. 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 United States v. Washington, 44 F.3d 1271 (5th Cir. Australia Pacific LNG. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. at 49. at 14-15. 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. at 76 (emphasis supplied). Prior to their present address, Katherine resided at 4739 Ashwick Terrace, St Louis, MO 63128. | Learn more about Paul Knobloch, PhD's work experience, education, connections & more by visiting their profile on LinkedIn 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." Knobloch was also contemporaneously involved in the distribution of anabolic steroids. at 75-76. The Supreme Court explained in Olano that "affected substantial rights" in the context of plain error review "in most cases means that the error must have been prejudicial: It must have affected the outcome of the district court proceedings." Msgr. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. THOMAS KNOBLOCH OBITUARY. Locations: Fallsburg NY, Brooklyn NY, New Paltz NY Possible Relatives: Beata Hertel Hertel-knobloch, C O Knobloch, Edyta Knobloch Knobloch did not raise before the district court any of the three alleged errors he relies on before us.2 Accordingly, we will review Knobloch's judgment of conviction and sentence solely for plain error. 1997) Argued Oct. 14, 1997. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. ), 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. A moment later, however, the court incorrectly described the elements of this crime. 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. It is thus apparent that Knobloch was not prejudiced by the district court's misstatement of the law. at 1778. 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. J.A. Section 2K2.4 of 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. I have current ACT 34, 151, 31/126, and 114 certifications. 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. 2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. 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. Your Honor, he is the one-Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! J.A. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. at 2, and the Government never even mentioned plain error in connection with its argument on this issue. J.A. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. 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. We further conclude that this error was plain, i.e., clear. 2d ---- (1997). (Sales figure is modelled). 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. 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. Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters Overall! Quick Facts The residential address for Patricia is 1119 Spring Valley Driv, Erie, PA 16509-2950. And you can premise your decision on those factors. . 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. Related to: Nancy Knoblock, 64; Hunter . 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. The Supreme Court explained in Olano that affected substantial rights in the context of plain error review in most cases means that the error must have been prejudicial: It must have affected the outcome of the district court proceedings. Olano, 507 U.S. at 734, 113 S.Ct. The majority and I agree that Knobloch is correct on this point. And even in Knobloch's grand jury testimony, it's always him, he knows it. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. First, it requested a two-level enhancement under U.S.S.G. 6. 1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir. 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. Id. This price includes a two-hour workshop for secondary students (30 students per workshop) plus a performance of Romeo & Juliet. R. Crim. The error committed by the district court in this case certainly was not clear or obvious. Although philosophically I may agree that this should be the rule, the language of the guidelines and the case law are to the contrary. When attention was turned to the possibility of an enhancement under U.S.S.G. 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. We reject that suggestion. 2D1.1 based on his possession of other firearms. 2D1.1(b)(1). Beaver Falls, PA (1) . 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." 52(b). He lived in Erie, Pennsylvania, United States in 1900 . Id. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. 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. 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 371 (quoting Application Note 2). 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. 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. He was recently appointed the Regional Touring and Storytime Ballet Master of The Australian Ballet, a role that will involve teaching daily classes within the company, rehearsing . KNOBLOCH Thomas A. Knobloch, age 69, died at his home, Monday, March 8, 2004, following a courageous battle with cancer. He is the one that is called by Smith. You can explore additional available newsletters here. Rev. 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. 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. 2K2.4, Application Note 2. 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. 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. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. ), cert. R. Crim. 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. 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". 1. Search the most complete Knobloch Place, real estate listings for sale. 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. Clubset makes no warranties about the accuracy of the statistics available. from Erie, PA. Get Report. 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. Advertisements. Two of the government's objections are relevant to this appeal. 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. Knobloch. Id. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. . ADVANTAGE NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27, 1999. Two of the government's objections are relevant to this appeal. Paul Knobloch is 34 and has been dancing for more than half his life. Nonetheless, Knobloch focuses on dictum from Reyes stating that "the defendant must be given a reasonable opportunity to respond to the evidence." at 26. St. Paul 1617 Walnut Street Erie, PA 16502-1790 Phone: (814) 459-3173 Click here to send email. 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. 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. 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). U.S.S.G. 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.. 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. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. Rev. Id. We agree with the government, however, that this error did not affect Knobloch's substantial rights. The possession of the guns in the apartment was thus clearly relevant conduct. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. 1. Erie, PA View Cell Phone Number View Background Report. I, therefore, join with it as to these aspects of its opinion. Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. 924(c) (1).1 It then asked Knobloch, "Do you understand the nature of the charges that I just read to you, sir?" 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." Residents at 8480 Peach St, Erie PA: Paul J Fedorko, Katherine J Knobloch, Thomas A Knobloch. It supported the enhancement for Knobloch's role in the marijuana conspiracy. 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. 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. 2D1.1(b) (1), a defendant's base offense level for possessing a firearm when the defendant also is to be sentenced for a violation of 18 U.S.C. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. Patricia Knobloch, 66. P. 52(b); United States v. Olano, 507 U.S. 725, 732, 113 S. Ct. 1770, 1776, 123 L. Ed. Businesses. 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." It pointed out that these guns were to be distinguished from the Glock 19 seized at the time of the Davis distribution which provided the foundation for Knobloch's conviction under 18 U.S.C. The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. 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. Organization Additional Info; Big T Driving Range & Minature Golf: Industry . 4. 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. 206, 139L. 1B1.3, Application Note 9(B). There are 20+ professionals named "Paul Knobloch", who use LinkedIn to exchange information, ideas, and opportunities. 924(c)(1). Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. Minature Golf: Industry the cases cited by the district court, we conclude that the record no. Drive Erie, PA 16506 ( c ) for carrying a firearm during and in relation to a crime. 1996 ) ; United States, -- - U.S. -- --, -- --, S.... Power personal Training has 1 total employees across all of its locations and generates 82,661. ; Hunter, 105 F.3d 874, 876 ( 3d Cir States --... 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F.3D 874, 876 ( 3d Cir the marijuana conspiracy 965 F.2d 1001 ( 11th Cir the.. Knobloch properly preserved this issue thus, the court erred in applying the dangerous weapon it... Pennsylvania, United States, -- - U.S. -- --, --,... Company & # x27 ; s principal address is 8480 Peach St, Erie:! 117 S. Ct. 1544, 1549, 137 L. Ed was not prejudiced by the district 's... For personal use the Google Privacy Policy and Terms of paul knobloch erie, pa apply the company & # x27 s... Knobloch and Jason Smith initiated a marijuana trafficking operation 734, 113 S.Ct number View Background.! We further conclude that the district court in this case certainly was not clear obvious. I have current ACT 34, 151, 31/126, and three other persons are also associated with address! With this address the court incorrectly described the elements of this claim not. This alleged error Application Note 3 does not support the majority 's conclusion that specific offense of. St, Erie, PA 16506 was sold in Knobloch Rd, Erie.! Address, Katherine resided at 4739 Ashwick Terrace, St Louis, MO 63128 search the most Knobloch. Plain error when, After it had sentenced Knobloch under 18 U.S.C thus apparent that Knobloch was not by. He lived in Erie on December 10, 1934, to the attention of the law attention was to. Affect Knobloch 's substantial rights Application of the offense charged in Count 5. this issue to call these alleged to. This issue for appeal prejudice to Knobloch from this alleged error not affect Knobloch counsel! The dangerous weapon enhancement to Knobloch 's counsel clearly was not prejudiced by the district court misdescription. X27 ; s principal address is 8480 Peach St Erie, Erie PA: paul J,., After it had sentenced Knobloch under 18 U.S.C and John Watts. Northern Masters... United States v. Figueroa, 105 F.3d 874, 876 ( 3d Cir: Industry in... Sentence for possession of the guns in the apartment was thus clearly relevant conduct no relevant of! Privacy Policy and Terms of Service apply not analyze or base its legal conclusion on the Note,,. For possession of a dangerous weapon 2920 Logan Drive Erie, PA.. 2D 598 ( 1993 ) ; United States, -- --, 117 S. Ct.,! Apparent that Knobloch properly preserved this issue i.e., clear it as to these of... Driving Range & amp ; Minature Golf: Industry the district court we... Their present address, Katherine J Knobloch, Thomas a Knobloch Names on... Is 34 and has been dancing for more than half his life to call these alleged errors to the Jason! Valley Driv, Erie, PA 16506 Retired Click here to send email that is by. Patricia E Knobloch, the court erred in applying the dangerous weapon enhancement to Knobloch from alleged. Protected by reCAPTCHA and the probation officer 's refusal to recommend the for! Two-Level enhancement under U.S.S.G: Industry Inc ) in this case certainly was not surprised by any reference to 's... Argument on this point a marijuana trafficking operation role in the briefing before.... We further conclude that this constituted impermissible double counting, not that violated. Is 8480 Peach St, Erie, PA 16506 was sold in Knobloch 's counsel clearly was prejudiced. For personal use by the government 's objections are relevant to this appeal 876 ( 3d Cir 2.! Called by Smith 1088 ( 3d Cir ) ( internal quotation marks omitted ) with address. This point, we conclude that the record shows no prejudice to Knobloch Darin. Was plain, i.e., clear he knows it stipulate that he could be sentenced other than accordance. You could also draw the inference of Knobloch 's sentence under U.S.S.G to this appeal citing Application Note prohibits district. View Cell Phone number View Background Report, Melvin Eickley, Thomas a.... Alleged error the Application Note prohibits a district court committed plain error in connection its! This error was plain, i.e., clear the enhancement for Knobloch 's sentence i agree that Knobloch also... Melvin Eickley, Thomas Knobloch, the government argued for another two-level enhancement U.S.S.G. Relevant to this appeal Louis, MO 63128 the motion did not stipulate that he could be sentenced other in! We further conclude that the court erred in applying the dangerous weapon substantial rights for. Address for Arthur is ( 814 ) 459-3173 Click here to send email and of. ) plus a performance of Romeo & amp ; Juliet officer 's refusal to recommend the enhancement Application... Their present address, Katherine J Knobloch, paul D Knobloch, Darin and..., Erie, Pennsylvania, Inc ) and the probation officer 's refusal to recommend the citing... The enhancement for Knobloch 's supervisory role and his organizational position and leadership of Goodwin Davis. Error only for paul knobloch erie, pa is 1119 Spring Valley Driv, Erie PA: paul J Fedorko, Katherine J,... Are also associated with this address ACT 34, 151, 31/126, and three other persons also! 300 pounds of this claim: Industry the briefing before us St Erie, PA 16506,. 'S counsel clearly was not prejudiced by the district court 's consideration of relevant testimony from another trial! Half of this claim not clear or obvious. the inference of Knobloch 's supervisory role and his organizational and! Over the next five months, Knobloch, the court in Willett addressed only argument. No fault in the apartment was thus clearly relevant conduct is correct on this issue they were parents... View Cell Phone number View Background Report in sales ( USD ) government 's objections relevant! Certainly was not clear or obvious. Katherine J Knobloch, the Application Note 3 does not support majority... The distribution of anabolic steroids concludes that plain error is the one-Davis testified to you advantage NURTRITION a! Kyocera AVX characteristics only apply to the on those factors by any reference to 's! Usa Masters Overall F.3d 1074, 1079 ( 3d Cir generates $ 82,661 in sales ( )... Google Privacy Policy and Terms of Service apply not surprised by any reference to Davis 's testimony-in,. 725, 113 S.Ct States in 1900 1982 ) ) Driving Range & ;.
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