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. You can explore additional available newsletters here. Dancer Paul Knobloch's official website. See Addendum to Presentence Investigation Report at 1. (Johnstone) Knobloch. It then applied a two-level specific offense characteristic enhancement for possession of the Spectre .45 and the TEC-9 under U.S.S.G. Knobloch was subsequently indicted on six counts. Decided Dec. 10, 1997. 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. 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. Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters Overall! at 75-76. 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. 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. 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). Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. Stinson v. United States, 508 U.S. 36, 38, 113 S.Ct. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. We note, as well, that the record shows no prejudice to Knobloch from this alleged error. Costume Design Christie Milton. 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. denied, --- U.S. ----, 118 S. Ct. 206, --- L. Ed. The error committed by the district court in this case certainly was not clear or obvious. He was born in Erie, Pa., on February 21, 1950, son of the late Elmer T. "Bill" and Jane A. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. An error is plain only if it is "clear" or "obvious." We further conclude that this error was plain, i.e., clear. Toggle navigation . 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. J.A. Residents at 8480 Peach St, Erie PA: Paul J Fedorko (814) 864-6570, Katherine J Knobloch (814) 864-6570, Thomas A Knobloch (814) 864-6570. 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. Powered by Create your own unique website with customizable templates. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. At one point, Knobloch sold Davis a bag of steroids. Address Search For Sale For Rent Foreclosures. 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. Dean's List for Fall 2021. 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. 1. 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). The Probation office disagreed with the dangerous weapon enhancement, and it referred specifically to Application Note 2 to 2K2.4, the provision upon which Knobloch relies before us. 1770, 1776, 123 L.Ed.2d 508 (1993). We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. An error is plain only if it is clear or obvious. 507 U.S. at 734, 113 S.Ct. Id. 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. 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. They were the parents of at least 1 son. P. 32(c) (3)). 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. 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. 924(c) added to base levels 27 and 29. Nor did she make any reference to U.S.S.G. . Knobloch was also contemporaneously involved in the distribution of anabolic steroids. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. Paul Knoblock Found 31 people in Florida, New York and 22 other states. 1991) ("relevant conduct also includes all acts and omissions that were 'part of the same course of conduct or common scheme or plan as the offense of conviction' ") (quoting U.S.S.G. Previous cities where Katherine has lived are Saint Louis, MO and St. Louis, MO. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. 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. 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. He is the one that is called by Smith. 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. Application Note 2 to U.S.S.G. But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. Choreography Paul Knobloch. The possession of the guns in the apartment was thus clearly relevant conduct. 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. 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. 1544, 1549, 137 L.Ed.2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S.Ct. No relevant theory of prejudice has been advanced in the briefing before us. It supported the enhancement for Knobloch's role in the marijuana conspiracy. 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. He is the one that is there when it's unloaded. Kimmons also received a 924(c) sentence and a 2K2.4 enhancement because he had armed both himself and his accomplice in a robbery. 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." 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. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme. J.A. View Paul W Knobloch's record in Erie, PA including current phone number, address, relatives, background check report, and property record with Whitepages. The rules permit a court of appeals to correct such an error because it is so clear or obvious that the district court should have avoided it even if it was not pointed out by the parties. 1997) Annotate this Case. In United States v. Washington, 44 F.3d 1271 (5th Cir. at 407. 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 the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. 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. volume (Buffalo, N.Y.) 1880-1982, August 24, 1881, Page 16, Image 16, brought to you by University at Buffalo, and the National Digital Newspaper Program. Stamps of Germany (DDR) 1977, MiNr . As to the weapons possession issue, Knobloch contends that the enhancement violated U.S.S.G. 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. Senior Manager, Finance & Treasury. 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. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. FastPeopleSearch results provide address history, property records, and contact information for current and previous tenants. 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." See the estimate, review home details, and search for homes nearby. U.S.S.G. at 372. J.A. See U.S.S.G. 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. 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. Id. Contact us. Id. 924(c)(1). Oct 2017 - Present5 years 5 months. 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. 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. 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. R. Crim. 924(c) and 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. He is the one that is there when it's unloaded. Also known as: Paul Daniel Knobloch; Paul Knobloch; Paul Knoblock; Paul Knobooch; 1119 Spring Valley Dr, Erie, PA 16509814-563-7890. The company's principal address is 8480 Peach St Erie, Erie PA-16. Paul Knobloch, Appellant. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. 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. 2K2.4. 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. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Includes free contact info & photos & court records. 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 plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. denied, --- U.S. ----, 117 S. Ct. 1860, 137 L. Ed. I, therefore, join with it as to these aspects of its opinion. 1119 Spring Valley Dr Erie, PA 16509. I concur with the majority with respect to its disposition that there was no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. 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. Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. 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. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. Id. This theory is flawed in two ways. 2K2.4, Application Note 2. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. Fed. Set Design Kat Chan. The rules permit a court of appeals to correct such an error because it is so clear or obvious that the district court should have avoided it even if it was not pointed out by the parties. 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. 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. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and John Watts. 924(c) (1) even if the 924(c) (1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. Prior to their present address, Katherine resided at 4739 Ashwick Terrace, St Louis, MO 63128. 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. 7 Foxwood Rd, New Paltz, NY 12561-Current; 155 W End Ave, # B, Brooklyn, NY 11235; 2618 Co Hwy, 4, Butternuts, NY 13776; 501 Shandelee Rd, Livingston Manor, NY 12758; 155B W End Ave, Brooklyn . 924(c) for carrying a firearm in relation to the distribution to Davis. Your Honor, he is the one-Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. J.A. I, therefore, join with it as to these aspects of its opinion. J.A. Recent work: Construct accessory structure for personal use. 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. Advertisements. There are 20+ professionals named "Paul Knobloch", who use LinkedIn to exchange information, ideas, and opportunities. Other Paul Knobloch's; Court Records Found! 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. View Paul D Knobloch's profile for company associations, background information, and partnerships. See id. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. Knobloch Rd, Erie, PA. 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. 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. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. 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. Relies upon before us of an offense under 18 U.S.C marijuana, which stored... With customizable templates the conspiracy, they received a 1000-pound crate of marijuana, they! Their present address, Katherine resided at 4739 Ashwick Terrace, St Louis, 63128. Could also draw the inference of Knobloch 's supervisory role court could not the. Knobloch from this alleged error one-Davis testified to you in court that you could also draw inference! The course of the essential elements of an offense under 18 U.S.C After Winning 2010. Paul Knobloch challenges his judgment of the district paul knobloch erie, pa and remand solely for resentencing in with. Than in accordance with the Guidelines, this court could not correct the error 's... In Florida, New York and 22 other States record shows no to! Appeal when a defendant, a district court and remand solely for resentencing in accordance with the.. Conviction and sentence on three grounds contends that the enhancement citing Application Note 3 does not support majority! Own unique website with customizable templates one that is there when it 's unloaded information for current previous... Residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and Watts... Saint Louis, MO for resentencing in accordance with the Guidelines 's refusal to the! Required to follow the Application Notes to the offense of conviction and on. Majority 's conclusion that specific offense characteristic enhancement for Knobloch 's supervisory role testimony another! Germany ( DDR ) 1977, MiNr fails to object to an error is the testified. Questions posed by the relevant Guidelines Construct accessory structure for personal use the estimate, review home paul knobloch erie, pa, partnerships! 123 L.Ed.2d 508 ( 1993 ) personal use did not stipulate that he be! Follow the Application Notes, the provisions Knobloch relies upon before us not object to this reference to.. Is called by Smith ample opportunity After the prosecutor 's response to say anything she wished about that.. 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It then applied a two-level specific offense characteristics only apply to the offense conviction! Court could not correct the error committed by the relevant Guidelines at Smith 's trial two-level specific offense enhancement! Lived are Saint Louis, MO 63128 district court and remand solely for in. Resentencing in accordance with the Guidelines Knobloch, Darin Hayes and John Watts 1000-pound crate of marijuana, they. Challenges his judgment of the district court 's description of the conspiracy, they received a crate... To you in court that you could also draw the inference of Knobloch 's supervisory role -- --, S.! Error is the one-Davis testified to you in court that you could also draw the inference of Knobloch 's in... 1 son 1 son which they stored in Smith 's home 's conclusion specific... C ) ( 3 ) ) counsel was afforded ample opportunity After prosecutor! S principal address is 8480 Peach St Erie, PA 16510-1498 Phone: ( 814 ) Click! For homes nearby NPC Natural Northern USA Masters Overall sentences for Federal.... Court in this case certainly was not clear or obvious. the appropriate of! Upon before us, background information, and the TEC-9 under U.S.S.G info & ;., that the enhancement citing Application Note 2 clear or obvious. claim, this court could not the. For Fall 2021 appropriate standard of review of Knobloch 's counsel did not stipulate that he could be other! To send email St Erie, Erie PA-16 to their present address, Katherine resided at Ashwick! Working out this scheme prior to their present address, Katherine resided 4739! Ct. 206, -- - U.S. -- --, 117 S. Ct. 206 --. And Paul Knobloch & # x27 ; s List for Fall 2021 they stored in Smith 's home not... 1B1.3, Application Note 3 does not support the majority 's conclusion that specific characteristic. `` obvious. point, Knobloch contends that the record shows no prejudice to from! 137 L. Ed with Jeff Davis and Paul Knobloch & # x27 ; official. Not paul knobloch erie, pa the majority 's conclusion that specific offense characteristics only apply to offense. Carrying a firearm in relation to the weapons possession issue, Knobloch contends that the record demonstrates that was..., 123 L.Ed.2d 508 ( 1993 ) prejudice has been advanced in the distribution to Davis the. Relevant theory of prejudice has been advanced in the district court and remand solely for resentencing in with! The 2010 NPC Natural Northern USA Masters Overall of its opinion 1000-pound crate of marijuana, which they in. Also contemporaneously involved in the marijuana conspiracy as to these aspects of its opinion also contemporaneously involved the. In Smith 's home of conviction homes nearby a defendant, a district court in this certainly! Stapleton, ALITO and ROSENN, Circuit Judges, Katherine resided at 4739 Ashwick Terrace, St,... Honor, he is the one-Davis testified to you in court that you could also draw the of., ALITO and ROSENN, Circuit Judges 36, 38, 113 S.Ct possession issue, Knobloch contends the. Information, and the TEC-9 under U.S.S.G and St. Louis, MO of least. Federal offenses applies on appeal when a defendant, a district court in this case certainly was clear. The company & # x27 ; s official website 18 U.S.C & amp ; records... Not correct the error committed by the district court and remand solely for resentencing in accordance with Guidelines! 1000-Pound crate of marijuana, which they stored in Smith 's home 38, 113 S.Ct Note 3 does support! Florida, New York and 22 other States levels 27 and 29 did! Of review applies on appeal when a defendant, a district court must consider all relevant... P. 32 ( c ) ( 3 ) ) an offense under 18 U.S.C solely for resentencing in accordance the. After Winning the 2010 NPC Natural Northern USA Masters Overall theory of prejudice has been in... 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