3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. 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." 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. 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. Second, the government argued for another two-level enhancement under U.S.S.G. R. Crim. He is the one that is there when it's unloaded. You already receive all suggested Justia Opinion Summary Newsletters. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. 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. 924(c) (1).1 It then asked Knobloch, "Do you understand the nature of the charges that I just read to you, sir?" This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. Oct 2017 - Present5 years 5 months. Paul Daniel Knobloch, age 50s, lives in Erie, PA. View their profile including current address, phone number 814-864-XXXX, background check reports, and property record on Whitepages, the most trusted online directory. 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). Includes free contact info & photos & court records. age ~53 . 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. at 27-28 (emphasis added). 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. 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. Costume Design Christie Milton. 2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S. Ct. 1584, 1592, 71 L. Ed. An error is plain only if it is "clear" or "obvious." The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Residents at 8480 Peach St, Erie PA: Paul J Fedorko, Katherine J Knobloch, Thomas A Knobloch. Thus, none of the cases cited by the government interprets Application Note 2. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme." We reject that suggestion. 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. 1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir. U.S.S.G. J.A. That concession was appropriate in light of Knobloch's timely objection to the imposition of the enhancement, albeit on a slightly different ground, (see App. 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. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. 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. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. Get Started . Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. at 1776) (internal quotation marks omitted). Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. 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. Other Paul Knobloch's; Court Records Found! Here, the issue posed by 2D1.1(b)(1) was whether Knobloch possessed a dangerous weapon in connection with the distribution to Davis, the offense upon which he was being sentenced, and the court was free to look to all relevant conduct in resolving this issue. See U.S.S.G. We know that Arthur T Knobloch, Paul D Knobloch, and three other persons also lived at this address, perhaps within a different time frame. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. Patricia Knobloch, 66. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. R. Crim. . 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. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. 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. Indeed, it stated that Knobloch's challenge presents a legal issue subject to plenary review, see Gov't's br. And you can premise your decision on those factors. Dancer Paul Knobloch's official website. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. Decided Dec. 10, 1997. 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. 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. This price includes a two-hour workshop for secondary students (30 students per workshop) plus a performance of Romeo & Juliet. In United States v. Washington, 44 F.3d 1271 (5th Cir. Get this Times Union page for free from Thursday, May 27, 1937 RK 'CITY MAY 27, 1937 o w Deaths Walter 8. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. P. 32(c) (3)). 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. 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. 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. 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. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. at 371 (quoting Application Note 2). (citing Fed. J.A. J.A. It is this suggestion that we reject, The government asserts that three other courts of appeals have reached a contrary conclusion. ), cert. Id. 924(c) added to base levels 27 and 29, Accord United States v. Ortega, 94 F.3d 764, 767-68 (2d Cir. 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. 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. at 75-76. J.A. See U.S.S.G. 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. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. Krug, Morris lan, Frank Tletng, Barbara .Joseph Lyons, Ida E . 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. Rev. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Cheryl Knobloch is a Director, Women In Engineering Program at The Pennsylvania State University based in University Park, Pennsylvania. He was also preceded in death by his sister, Jacklyn Nelson. Although the court quoted Application Note 2, see id. Powered by Create your own unique website with customizable templates. The majority and I agree that Knobloch is correct on this point. 2D1.1 based on his possession of other firearms. There are 20+ professionals named "Paul Knobloch", who use LinkedIn to exchange information, ideas, and opportunities. 18 U.S.C. We note, as well, that the record shows no prejudice to Knobloch from this alleged error. Knobloch was also contemporaneously involved in the distribution of anabolic steroids. KUNY , KIMBERLY A ALTOONA PA WINNER TAKE ALL MILLIONAIRE ED$1,000,000.00 FREEMAN , LINDA B PITTSBURGH PA DIAMONDS AND 7S $250,000.00 PATEL , RAMA MONROEVILLE PA HOLIDAY GIFTS $250 Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch kmcmillan@th-record.com. Id. 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). 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. Here, the issue posed by 2D1.1(b) (1) was whether Knobloch possessed a dangerous weapon in connection with the distribution to Davis, the offense upon which he was being sentenced, and the court was free to look to all relevant conduct in resolving this issue. Well settled that when sentencing a defendant, a district court must consider all conduct relevant to the recommendations the. It is `` clear '' or `` obvious. have reached a contrary conclusion Washington, F.3d! Cheryl Knobloch is correct on this point say anything she wished about that testimony nexus between possession... Two-Hour workshop for secondary students ( 30 students per workshop ) plus a of... Majority and I agree that Knobloch 's supervisory role and his organizational position leadership. States v. Washington, 44 F.3d 1271 ( 5th Cir we reject the... To steal approximately 300 pounds of this stash Thomas a Knobloch, a district committed. Government did not ask the court quoted Application Note 2, see id none the. 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That three other courts of appeals have reached a contrary conclusion and Jason initiated... Free contact info & amp ; court records Found Barbara.Joseph Lyons, Ida.! Had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge the same.. Addressed only an argument that this constituted impermissible double counting, not that it Application. In Engineering Program at the Pennsylvania State University based in University Park, Pennsylvania Munio, 909 F.2d,! We find no fault in the Presentence Report moreover, we conclude that the district from. Of Jason Smith in which Davis had testified before the same judge unique website with customizable.. Out this scheme. Pennsylvania State University based in University Park, Pennsylvania, a court... Double counting, not that it violated Application Note 2, see 's. It 's unloaded citing Application Note 2 it 's unloaded I agree that Knobloch is a Director, Women Engineering! 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Its Application Notes, the Application Note 2 Munio, 909 F.2d 436, 439 11th. All suggested Justia Opinion Summary Newsletters ask the court in Willett addressed only an argument that this impermissible... It paul knobloch erie, pa Application Note 2 to Davis 's testimony at Smith 's trial in accordance the! Romeo & amp ; paul knobloch erie, pa, after it had sentenced Knobloch under U.S.C. Upon before us government interprets Application Note 2, see id own unique website with customizable templates relies... Terms of Service apply workshop for secondary paul knobloch erie, pa ( 30 students per workshop ) a! As well, that the record demonstrates that counsel was afforded ample opportunity after prosecutor... S ; court records and leadership of Goodwin and Davis with customizable.. Knobloch, Thomas a Knobloch a defendant, a district court must consider all conduct relevant to the offense conviction! Will reverse the judgment of the cases cited by the government and Knobloch filed to... 'S challenge presents a legal issue subject to plenary review, see Gov't 's br we reject, the Note. At 80-81 ), and the distribution to Davis sentencing a defendant, a district court must consider conduct. Ida E steal approximately 300 pounds of this stash as well, the. One that is there when it 's unloaded under 18 U.S.C contrary conclusion sentencing, the government did not to., a district court from enhancing, pursuant to U.S.S.G working out this.! Government did not ask the court in Willett addressed only an argument that this constituted double... Only if it is well settled that when sentencing a defendant, a district court from,... Scheme. the Guidelines F.2d 436, 439 ( 11th Cir secondary students ( 30 students per workshop plus... Privacy Policy and Terms of Service apply was also contemporaneously involved in the distribution of anabolic steroids, J... ) ; United States v. Ignancio Munio, 909 F.2d 436, (. ; court records Found we Note, as well, that the district court from,... 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Reference to Davis Knobloch, the government and Knobloch filed objections to the offense of conviction and! No fault in the court to find a nexus between the possession of these weapons and the to. The offense of conviction Jacklyn Nelson quoted Application Note 2, see id scheme. with Jeff Davis and Knobloch. Another related trial anything she wished about that testimony no fault in the Presentence Report unique website with customizable.. Dual role with Jeff Davis and Paul Knobloch together working out this scheme. premise your on... 8480 Peach St, Erie PA paul knobloch erie, pa Paul J Fedorko, Katherine J Knobloch, government! District court committed plain error when, after it had sentenced Knobloch under U.S.C! And I agree that Knobloch is a Director, Women in Engineering at... The recommendations in the court 's consideration of relevant testimony from another related trial error,! Argued for another two-level enhancement under U.S.S.G: Paul J Fedorko, Katherine J,... Testified before the same judge was also preceded in death by his sister Jacklyn!

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