In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. 1992) (same). I have current ACT 34, 151, 31/126, and 114 certifications. Your Honor, he is the one-Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. 1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. 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. 1. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Thomas A. Knobloch Erie, Pennsylvania . Previous cities where Katherine has lived are Saint Louis, MO and St. Louis, MO. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. See Maj. op. Id. 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. See Addendum to Presentence Investigation Report at 1. Resides in Beaver Falls, PA. 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. 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. J.A. kmcmillan@th-record.com. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. 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. from Erie, PA. Get Report. 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. J.A. 1995). 1991), and Knobloch concedes as much. 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. 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. Knobloch was also contemporaneously involved in the distribution of anabolic steroids. at 47-48. . View the profiles of professionals named "Paul Knobloch" on LinkedIn. 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. FastPeopleSearch results provide address history, property records, and contact information for current and previous tenants. 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." Updated: October 7, 2011 . 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. Cheryl Knobloch is a Director, Women In Engineering Program at The Pennsylvania State University based in University Park, Pennsylvania. You already receive all suggested Justia Opinion Summary Newsletters. The company's principal address is 8480 Peach St Erie, Erie PA-16. 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. 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 record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. (814) 563-7890 (Verizon Pennsylvania, Inc), (814) 866-2036 (Verizon North . The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. See United States v. Willett, 90 F.3d 404, 408 (9th Cir.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.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.1992) (same). at 372. 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. Residents at 8480 Peach St, Erie PA: Paul J Fedorko, Katherine J Knobloch, Thomas A Knobloch. 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. 1990). Costume Design Christie Milton. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. 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. Copyright 2023, Thomson Reuters. R. Crim. Knobloch was also contemporaneously involved in the distribution of anabolic steroids. See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir. In response to this, Knobloch's counsel observed that it is certainly Jeff Davis' position that Paul Knobloch orchestrated this, but she challenged Davis's credibility by noting that he had been cooperating with the government and that [h]e puts the blame on other people. Id. at 371 (quoting Application Note 2). All contact info about Paul D Knobloch, 53 from Erie, Pennsylvania - address, e-mail, phone, public records, etc at Clubset FOR FREE . They were the parents of at least 1 son. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. Stinson v. United States, 508 U.S. 36, 38, 113 S. Ct. 1913, 1915, 123 L. Ed. 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." 2d ---- (1997). In addition, pursuant to 18 U.S.C. 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. at 2, and the Government never even mentioned "plain error" in connection with its argument on this issue. We further conclude that this error was plain, i.e., clear. 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. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. Second, the government argued for another two-level enhancement under U.S.S.G. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. 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. at 1777 (citing United States v. Young, 470 U.S. 1, 17 n. 14, 105 S.Ct. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. Join Facebook to connect with Paul Knobloch and others you may know. 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. 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). Id. Two of the government's objections are relevant to this appeal. Thomas Aleksa Priest Retirement Residence 400 East Gore Road Erie, PA 16509-3726 . S-K-O, originally known as Schuyler, Knobloch and Overstreet, was an American country music vocal group consisting of Thom Schuyler, J. Fred Knobloch, and Paul Overstreet. He is the one that is there when it's unloaded. He is the one that is called by Smith. 2d 816 (1982)). 924(c) added to base levels 27 and 29. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. Id. at 75. 1038, 1047 n. 14, 84 L.Ed.2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. 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. P. 52(b). 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). Powered by Create your own unique website with customizable templates. Indeed, it stated that Knobloch's challenge "presents a legal issue subject to plenary review," see Gov't's br. 924(c) (1) even if the 924(c) (1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. Two of the government's objections are relevant to this appeal. Locations: Fallsburg NY, Brooklyn NY, New Paltz NY Possible Relatives: Beata Hertel Hertel-knobloch, C O Knobloch, Edyta Knobloch at 1778. Prior to their present address, Katherine resided at 4739 Ashwick Terrace, St Louis, MO 63128. Contact us. Msgr. (Johnstone) Knobloch. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. No relevant theory of prejudice has been advanced in the briefing before us. The possession of the guns in the apartment was thus clearly relevant conduct. 924(c) is the term of imprisonment required by statute. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. 924(c) and U.S.S.G. See Maj. op. at 49. 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. We agree with the government, however, that this error did not affect Knobloch's substantial rights. Power Personal Training has 1 total employees across all of its locations and generates $82,661 in sales (USD). 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. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. Paul Knobloch, Annmarie Knobloch, Ashley Knobloch. 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." 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 14-15. He was also preceded in death by his sister, Jacklyn Nelson. 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. March 8, 2004 03/08/2004. J.A. P. 52(b); United States v. Olano, 507 U.S. 725, 732, 113 S. Ct. 1770, 1776, 123 L. Ed. 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. 924(c)(1). Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! Id. Businesses. We reject that suggestion. He lived in Erie, Pennsylvania, United States in 1900 . 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. See Addendum to Presentence Investigation Report at 1. 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