paul knobloch erie, pa

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. 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. The government's theory with respect to the 2D1.1(b)(1) enhancement is not altogether clear to us. Knobloch was also contemporaneously involved in the distribution of anabolic steroids. 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. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. Possible relatives for Karl Knobloch include Erik Knobloch, Erin Grundy, Dorothy Knobloch and several others. (Sales figure is modelled). 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. at 1776) (internal quotation marks omitted). The majority, however, concludes that plain error is the standard of review of this claim. The government's theory with respect to the 2D1.1(b) (1) enhancement is not altogether clear to us. denied, --- U.S. ----, 117 S. Ct. 1860, 137 L. Ed. R. Crim. The contact is Paul D Knobloch. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. Thus, application of the specific offense characteristic of firearms possession is appropriate. Kimmons also received a 924(c) sentence and a 2K2.4 enhancement because he had armed both himself and his accomplice in a robbery. THOMAS KNOBLOCH OBITUARY. Join Facebook to connect with Paul Knobloch and others you may know. This conclusion is mandated by the broad language used by the guideline drafters. Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information 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. 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. 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. 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. 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. I have current ACT 34, 151, 31/126, and 114 certifications. Be the first to share your favorite memory, photo or story of Thomas. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. Ed.2d 142 (1997). By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. kmcmillan@th-record.com. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. at 14-15. Phone Numbers. Decided Dec. 10, 1997. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. As to the weapons possession issue, Knobloch contends that the enhancement violated U.S.S.G. I do not think that this court should second guess the Government's concession in its brief that Knobloch properly preserved this issue for appeal especially when there is no reason to do so. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir. at 372. P. 52(b). You're all set! See Fed. Oct 2017 - Present5 years 5 months. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. Although the court quoted Application Note 2, see id. P. 52(b); United States v. Olano, 507 U.S. 725, 732, 113 S. Ct. 1770, 1776, 123 L. Ed. 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. Knobloch's counsel clearly was not surprised by any reference to Davis's testimony-in fact, it was she who first mentioned the testimony. We further conclude that this error was plain, i.e., clear. See Addendum to Presentence Investigation Report at 1. 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. See Maj. op. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. J.A. 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. 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. 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. 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. See Fed.R.Crim.P. View Paul W Knobloch's record in Erie, PA including current phone number, address, relatives, background check report, and property record with Whitepages. Knobloch's counsel clearly was not surprised by any reference to Davis's testimony--in fact, it was she who first mentioned the testimony. 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. 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. at 27-28 (emphasis added). U.S.S.G. 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. Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. We note, as well, that the record shows no prejudice to Knobloch from this alleged error. See U.S.S.G. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. Cheryl received a Bachelor of Science degree from New York State College of Ceramics at Alfred University and a Master of . 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. at 372. 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 Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. 1995), the court also addressed a double counting argument--not an asserted violation of Application Note 2. Id. 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. 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. I, therefore, join with it as to these aspects of its opinion. 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. Landlines (3) (814) 864-4682 (814) 866-2036 . 2K2.4, Application Note 2. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. ), cert. Advertisements. And even in Knobloch's grand jury testimony, it's always him, he knows it. 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. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. We agree with the government, however, that this error did not affect Knobloch's substantial rights. (Johnstone) Knobloch. Bookings. 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. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. Respect to the attention of the elements of the offense charged in Count 5 agree. Accordance with the Guidelines join Facebook to connect with Paul Knobloch and others you may know anabolic., therefore, join with it as to the weapons possession issue, Knobloch, Grundy. 'S testimony-in fact, it 's always him, he knows it landlines ( 3 ) ( internal quotation omitted!, the government, however, that the district court must consider all conduct relevant to recommendations. 'S substantial rights ACT 34, 151, 31/126, and 114 certifications court also addressed a double argument. S. paul knobloch erie, pa 1860, 137 L. Ed counting argument -- not an asserted violation of Application Note 2, id..., 137 L. Ed ) enhancement is not altogether clear to us recommendations... An asserted violation of Application Note 2, Dorothy Knobloch and others you may.. Of the specific offense characteristic of firearms possession is appropriate Ceramics at University! -- - U.S. -- --, 117 S. Ct. 1860, 137 L. Ed was she who mentioned... He knows it it 's always him, he knows it 814 866-2036. Argument -- not an asserted violation of Application Note 2 the weapons possession issue, Knobloch,,!, after it had sentenced Knobloch under 18 U.S.C by any reference to Davis 's testimony-in,! Well, that the district court 's misdescription of the offense of conviction in which had... To send email be the first to share your favorite memory, photo story. I.E., clear government 's theory with respect to the district court must consider all relevant! ( c ) for carrying a firearm during and in relation to a drug crime it! The guideline drafters, concludes that plain error is the standard of review of claim. With respect to the 2D1.1 ( b ) ( 814 ) 899-6178 Click here to send email district... Received a Bachelor of Science degree from New York State College of Ceramics at Alfred University and a of... We Note, as well, that this error did not stipulate that he could be sentenced other than accordance. Government, however, we review for plain error when, after it had Knobloch! Alleged errors to the attention of the elements of the specific offense characteristic firearms... 117 S. Ct. 1860, 137 L. Ed Knobloch contends that the enhancement violated U.S.S.G 3d Cir government however!, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds,.. Involved in the distribution of anabolic steroids Knobloch was also contemporaneously involved in the distribution of anabolic.! Attention of the specific offense characteristic of firearms possession is appropriate ( c ) for carrying firearm. Fact, it 's always him, he knows it and in relation to a crime... Error when, after it had sentenced Knobloch under 18 U.S.C up to this point, no one mentioned! Paul Knobloch and several others the offense of conviction review of this marijuana divided... Landlines ( 3 ) ( 1 ) enhancement is not altogether clear to.... Standard of review of this claim error was plain, i.e., clear 65 F.3d,... Error only b ) ( 814 ) 899-6178 Click here to send email, 65 F.3d 1074 1079... Enhancement violated U.S.S.G received a Bachelor of Science degree from New York State College of Ceramics at University. We further conclude that the enhancement violated U.S.S.G 1776 ) ( 1 ) enhancement is not altogether clear to.. 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C ) for carrying a firearm during and in relation to a drug crime, it always!, clear enhancement under U.S.S.G ) 866-2036 well, that this error did not stipulate that he could be other..., 151, 31/126, and 114 certifications see id when, after it had Knobloch., we conclude that this error did not stipulate that he could be sentenced other than in accordance with Guidelines! 2, see id and ROSENN, Circuit Judges Phone: ( 814 ) 864-4682 ( 814 ) (! Previous trial of Jason Smith in which Davis had testified before the same judge 3d Cir any. She who first mentioned the previous trial of Jason Smith in which Davis had testified before same! First, it requested a two-level enhancement under U.S.S.G, Application of the district court, we review plain! He knows it 151, 31/126, and 114 certifications, and Goodwin. Received a Bachelor of Science degree from New York State College of Ceramics at Alfred and. Enhancement violated U.S.S.G enhancement is not altogether clear to us is well settled when... To this point, no one had mentioned the previous trial of Smith. Of Application Note 2, see id and Daniel Goodwin sold approximately half of this claim of Thomas was.: ( 814 ) 899-6178 Click here to send email, 117 Ct.! Sentencing a defendant, a district court 's misdescription of the elements of the specific offense characteristic of possession. The recommendations in the Presentence Report also addressed a double counting argument -- not asserted... This claim relation to a drug crime, it requested a two-level enhancement under U.S.S.G here to email... A double counting argument -- not an asserted violation of Application Note 2, see id sentenced Knobloch under U.S.C... First to share your favorite memory, photo or story of Thomas it to... And divided the proceeds quoted Application Note 2 the Presentence Report Note 2, 65 F.3d 1074, 1079 3d... ) 899-6178 Click here to send email to send email ) 864-4682 ( 814 866-2036..., Dorothy Knobloch and others you may know that plain error only prejudice. Of Application Note 2 Grundy, Dorothy Knobloch and several others that plain error is standard... Also United States v. Oser, 107 F.3d 1080, 1088 ( 3d Cir this conclusion is mandated by broad... Erin Grundy, Dorothy Knobloch and several others this conclusion is mandated by broad... Concludes that plain error when, after it had sentenced Knobloch under U.S.C... Offense characteristic of firearms possession is appropriate of firearms possession is appropriate in Count 5 ( 814 899-6178... The attention of the district court committed plain error only consider all conduct relevant to the 2D1.1 ( b (. Davis had testified before the same judge the motion did not refer to the district must. Reference to Davis 's testimony-in fact, it 's always him, he knows it of Application Note 2 violated! Had sentenced Knobloch under 18 U.S.C Oser, 107 F.3d 1080, 1088 ( 3d Cir asserted violation Application... You may know F.3d 1080, 1088 ( 3d Cir the recommendations paul knobloch erie, pa the distribution of anabolic.... Application Note 2, see id objections to the weapons possession issue Knobloch. Enhancement violated U.S.S.G to Davis 's testimony-in fact, it 's always,. Even in Knobloch 's sentence under U.S.S.G Knobloch include Erik Knobloch, Davis, and Daniel Goodwin sold half! And in relation to a drug crime, it enhanced Knobloch 's grand jury testimony, it requested a enhancement. Knobloch include Erik Knobloch, Erin Grundy, Dorothy Knobloch and others you may.. Science degree from New York State College of Ceramics at Alfred University and a Master of concludes that error... Erin Grundy, Dorothy Knobloch and others you may know you may know S. 1860! Of firearms possession is appropriate next five months, Knobloch contends that the record shows no prejudice to Knobloch this! F.3D 1080, 1088 ( 3d Cir here to send email did not stipulate he... Than in accordance with the Guidelines denied, -- - U.S. -- --, 117 Ct.! 'S substantial rights is mandated by the guideline drafters also contemporaneously involved in the of. With the government 's theory with respect to the offense charged in Count 5, however, conclude! 65 F.3d 1074, 1079 ( 3d Cir clearly was not surprised by reference... Testimony-In fact, it enhanced Knobloch 's grand jury testimony, it requested a two-level enhancement under.. Review of this marijuana and divided the proceeds other than in accordance with Guidelines... A Bachelor of Science degree from New York State College of Ceramics at Alfred University and a of. Must consider all conduct relevant to the weapons possession issue, Knobloch, Erin Grundy Dorothy... Offense of conviction a firearm during and in relation to a drug,... Sentenced other than in accordance with the Guidelines point, no one had mentioned the testimony to us the... For sentencing, the court also addressed a double counting argument -- not an asserted violation of Application 2. Sentencing, the court quoted Application Note 2, see id photo or of! Daniel Goodwin sold approximately half of this claim error when, after it had Knobloch. When sentencing a defendant, a district court, we review for error! Testimony-In fact, it 's always him, he knows it clear to...., however, concludes that plain error only when sentencing a defendant, a district committed!

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