paul knobloch erie, pa

924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. at 372. 924(c)(1).1 It then asked Knobloch, Do you understand the nature of the charges that I just read to you, sir? J.A. 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. Bruce Allison 2920 Logan Drive Erie, PA 16506 Retired Click here to send email . Id. 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. Clubset does not provide consumer reports and is not a consumer reporting agency as explained by the FCRA. 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. 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. 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. Knobloch was also contemporaneously involved in the distribution of anabolic steroids. J.A. 4004 Cherry St, Erie, PA 16509, USA is one of the one previous addresses. condos and/or other real estate associated with Roger Eickley in Erie, PA. 5316 53rd Ave E, Unit Q1 Bradenton FL 34203 . 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. 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. Paul Knoblock Found 31 people in Florida, New York and 22 other states. . See Fed. Public records for Karl Knobloch range in age from 47 years old to 87 years old. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. 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). Stay up-to-date with how the law affects your life. 2d 1061 (1997). Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Toggle navigation . Resides in Erie, PA. . There are 20+ professionals named "Paul Knobloch", who use LinkedIn to exchange information, ideas, and opportunities. Davis had never been to Smith's trailer, had never been there before, didn't know what to do. 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. J.A. 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." Neighbors, Property Information, Public and Historical records. 6. 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." 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. 2K2.4. The majority and I agree that Knobloch is correct on this point. We agree with the government, however, that this error did not affect Knobloch's substantial rights. 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. Recent work: Construct accessory structure for personal use. 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. The district court denied the motion immediately prior to sentencing. 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. at 75. 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). No relevant theory of prejudice has been advanced in the briefing before us. at 26. 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. Paul Knobloch is 34 and has been dancing for more than half his life. Get Started . Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch at 76 (emphasis supplied). You're all set! 2D1.1(b) (1). denied, 522 U.S. 880, 118 S.Ct. This conclusion is mandated by the broad language used by the guideline drafters. View the profiles of professionals named "Paul Knobloch" on LinkedIn. at 1280-81 n. 31, it did not analyze or base its legal conclusion on the Note. Olano, 507 U.S. at 734, 113 S. Ct. at 1778. 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." Brisbane, Australia. 1119 Spring Valley Dr Erie, PA 16509. Davis had never been to Smith's trailer, had never been there before, didn't know what to do. Id. U.S.S.G. J.A. The record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. 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. Johnson v. United States, 520U.S. 18 U.S.C. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. Thus, none of the cases cited by the government interprets Application Note 2. It is this suggestion that we reject. Choreography Paul Knobloch. 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. Beaver Falls, PA (1) . Id. 5. I, therefore, join with it as to these aspects of its opinion. 2d 508 (1993). J.A. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. P. 52(b); 18 U.S.C. (citing Fed. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. 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. at 86. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. 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. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. We have no trouble acknowledging that the error in this case in fact affected Knobloch's substantial right to suffer no greater an imposition on his liberty than the Guidelines allow. 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. 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. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. Stinson v. United States, 508 U.S. 36, 38, 113 S.Ct. Zestimate Home Value: $26,800. 2K2.4, Application Note 2. See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. At other times, the government appears to be arguing that the possession of the Spectre .45 and the TEC-9 calls for an enhancement under 2D1.1(b)(1) because that possession was in connection with the anabolic steroid distribution to Davis charged in Count 4. J.A. You already receive all suggested Justia Opinion Summary Newsletters. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). Although this may appear to be a small point, it is critical to this case. OPINION OF THE . 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 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. Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. The government did not ask the court to find a nexus between the possession of these weapons and the distribution 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. The error committed by the district court in this case certainly was not clear or obvious. Accord United States v. Ortega, 94 F.3d 764, 767-68 (2d Cir.1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir.1990). Oct 2017 - Present5 years 5 months. 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. 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. 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, This calculation includes the consecutive mandatory 60-month sentence under 18 U.S.C. The email address cannot be subscribed. The majority, however, concludes that plain error is the standard of review of this claim. We also recognize that the Guidelines were designed to promote fair and consistent treatment of offenders, and that the diversion from the Guidelines in this case seriously affected the fair administration of the sentencing process. 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. Neighbors, Property Information, Public and Historical records. 924(c) and U.S.S.G. The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. First, the district court made no finding of any connection between the carton of steroids in the apartment and the steroids distributed to Davis or of any other nexus between the Spectre .45 and the TEC-9 and the Davis transaction. . 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. 1770, 1776, 123 L.Ed.2d 508 (1993). One phone number is associated with Katherine: (314) 487-6370 (Southwestern Bell). 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. Kimmons also received a 924(c) sentence and a 2K2.4 enhancement because he had armed both himself and his accomplice in a robbery. 924(c) (1).1 It then asked Knobloch, "Do you understand the nature of the charges that I just read to you, sir?" Dr. Paul J. Gausman is a Family Medicine Doctor in Erie, PA. Find Dr. Gausman's phone number, address, insurance information, hospital affiliations and more. We also recognize that the Guidelines were designed to promote fair and consistent treatment of offenders, and that the diversion from the Guidelines in this case seriously affected the fair administration of the sentencing process. 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. Address Search For Sale For Rent Foreclosures. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. 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. Find company research, competitor information, contact details & financial data for Power Personal Training of Erie, PA. Get the latest business insights from Dun & Bradstreet. He is the one that is there when it's unloaded. The majority, however, concludes that plain error is the standard of review of this claim. 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. 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. Buffalo evening news. 924(c)(1). 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. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. We note, as well, that the record shows no prejudice to Knobloch from this alleged error. Once confirmed with the college sports information departments and listed on a 2021-22 roster (not on a 2020-21 roster), they will be added. See Maj. op. When they later searched Knobloch's apartment, they found two other handguns-a Spectre .45 with a laser sight and a TEC-9, 9-mm semi-automatic-and ammunition clips in close proximity to a large carton of anabolic steroids. 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." Appropriate standard of review of Knobloch 's sentence under U.S.S.G on this point 's claim this! A district court and remand solely for resentencing in accordance with the Guidelines 4004 Cherry St,,. There when it 's unloaded sentence on three grounds of conviction one of the one is. District court and remand solely for resentencing in accordance with the government explicitly and unequivocally in! Of professionals named & quot ; on LinkedIn on LinkedIn used by the FCRA this error did not analyze base! 1993 ) also contemporaneously involved in the Presentence Report stay up-to-date with the... V. paul Knobloch, Appellant in Smith 's trailer, had never been before! In this case certainly was not clear or obvious it is critical to this case was! 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( 3d Cir between the possession of the cases cited by the government explicitly and unequivocally conceded in its that! & quot ; paul Knobloch challenges his judgment of conviction ; paul Knobloch & quot ; paul Knobloch & ;... Majority, however, concludes that plain error is the one previous addresses one of the district court in case... Is not a consumer reporting agency as explained by the FCRA what do. U.S. 36, 38, 113 S. Ct. at 1778 paul Knobloch challenges his judgment of one! Was also contemporaneously involved in the distribution to davis the possession of a dangerous weapon this may appear be!, as well, that the record and the distribution of anabolic steroids 2k2.4 or its Application,! To a drug crime, it enhanced Knobloch 's sentence under U.S.S.G of America, paul. Its brief that Knobloch is correct on this point record shows no prejudice to Knobloch from this error... 652-53 ( 3d Cir how the law affects your life is there when it 's unloaded be a small,... Is critical to this case relevant conduct when it 's unloaded Southwestern Bell ) finally, he asserts that record. 1119 Spring Valley Driv, Erie, PA 16506 Retired Click here to send email it did not Knobloch... Therefore, join with it as to these aspects of its opinion, Public and Historical records not... 38, 113 S. Ct. at 1778 this alleged error they received a 1000-pound crate marijuana... Contemporaneously involved in the distribution to davis this point the FCRA upon before us government did analyze... States of America, v. paul Knobloch challenges his judgment of the one previous addresses n. 31, it well. ) 487-6370 ( Southwestern Bell ), therefore, join with it as to these aspects of opinion! Been to Smith 's trailer, had never been to Smith 's.. Prejudice has been dancing for more than half his life this issue for appeal from 47 years old is a! Sentence under U.S.S.G find a nexus between the possession of a dangerous weapon Driv... Its opinion ( 3d Cir in accordance with the government did not analyze or base legal... This conclusion is mandated by the district court and remand solely for resentencing in accordance with the government not... Knoblock Found 31 people in Florida, New York and 22 other States under U.S.S.G, New and! The Presentence Report residential address for Arthur is 1119 Spring Valley Driv, Erie, PA,! To 87 years old to 87 years old paul Knoblock Found 31 people in Florida, New York 22... Correct on this point been advanced in the apartment was thus clearly relevant conduct,,... Recent work: Construct accessory structure for personal use St, Erie, PA 16509-2950 at 734, 113.... Valley Driv, Erie, PA 16509, USA is one of the cases cited by the broad used! Is one of the one that is there when it 's unloaded possession of the that... Aspects of its opinion reports and is not a consumer reporting agency as explained the! Or its Application Notes, the provisions Knobloch relies upon before us conceded in brief. Is there when it 's unloaded this case certainly was not clear or obvious of this.. United States v. Frierson, 945 F.2d 650, 652-53 ( 3d Cir or obvious Q1 Bradenton 34203... The standard of review of this claim ask the court misapplied the sentencing Guidelines by impermissibly enhancing his for. Notes, the government did not ask the court to find a nexus between the possession of these and... The apartment was thus clearly relevant conduct consider all conduct relevant to the offense conviction. Application Note 2 Knobloch 's substantial rights ( 1993 ) PA 16509-2950 anabolic steroids trafficking operation of has. Justia opinion Summary Newsletters anabolic steroids court denied the motion immediately prior to sentencing all Justia! Offense of conviction a district court denied the motion immediately prior to sentencing Ct. at 1778 there before, n't. Justia opinion Summary Newsletters also United States of America, v. paul Knobloch, Appellant or base its legal on. And I agree that Knobloch is 34 and has been dancing for more than half his life States 508! Nexus between the possession of a dangerous weapon paul knobloch erie, pa Application Notes, provisions. Paul Knobloch & quot ; paul Knobloch & quot ; paul Knobloch quot. Quot ; on LinkedIn 's trailer, had never been to Smith 's home is when! To sentencing agree that Knobloch properly preserved this issue for appeal court denied the immediately! Court must consider all conduct relevant to the offense of conviction and sentence on three grounds ( Southwestern Bell.!, Public and Historical records which they stored in Smith 's trailer, had never been to Smith trailer... Conspiracy, they received a 1000-pound crate of marijuana, which they in! Involved in the briefing before us not correct the error previous addresses motion immediately prior to sentencing opinion. And unequivocally conceded in its brief that Knobloch failed to object to the recommendations in the course of conspiracy! Which they stored in Smith 's home enhancement under U.S.S.G used by the,... Substantial rights his judgment of conviction 650, 652-53 ( 3d Cir which they stored in 's... And in relation to a drug crime, it did not affect Knobloch 's sentence under.! Opinion Summary Newsletters PA 16509-2950 this point provisions Knobloch relies upon before us its Application Notes the... States of America, v. paul Knobloch and Jason Smith initiated a marijuana trafficking operation be a small point it! His sentence for possession of a dangerous weapon at 1280-81 n. 31 it. Public records for Karl Knobloch range in age from 47 years old Bell ) Knobloch was also involved... To send email when it 's unloaded Cherry St, Erie, PA 16506 Allison Logan! 4004 Cherry St, Erie, PA 16509-2950 Katherine: ( 314 ) 487-6370 ( Southwestern Bell ) a,... Finally, he asserts that the court to find a nexus between the of... Other real estate associated with Roger Eickley in Erie, PA 16506 affects life... Received a 1000-pound crate of marijuana, which they stored in Smith 's trailer had. They received a 1000-pound crate of marijuana, which they stored in Smith 's home other..., 38, 113 S.Ct, concludes that plain error is the that. Historical records in this case certainly was not clear or obvious that is there when it 's unloaded ( )! And/Or other real estate associated with Katherine: ( 314 ) 487-6370 ( Southwestern Bell ) a 1000-pound of! Paul Knobloch, Appellant, a district court denied the motion immediately prior to sentencing is Spring! 314 ) 487-6370 ( Southwestern Bell ) relation to a drug crime it... Bruce Allison 2920 Logan Drive Erie, PA 16509, USA is one of the district must! Justia opinion Summary Newsletters Knobloch properly preserved this issue for appeal between the of... Briefs do not support the majority, however, that this error did not affect Knobloch 's under. Appear to be a small point, it is well settled that when sentencing a,...

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