Frederick W. Thieman, U.S. Attorney, Paul J. Brysh (Argued), Bonnie R. Schleuter, Office of the U.S. Attorney, Pittsburgh, PA, for Appellee. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. The majority, however, concludes that plain error is the standard of review of this claim. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. . 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. J.A. 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. 4004 Cherry St, Erie, PA 16509, USA is one of the one previous addresses. Organization Additional Info; Big T Driving Range & Minature Golf: Industry . Resides in Erie, PA. . Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. at 76 (emphasis supplied). at 86. Knobloch's counsel clearly was not surprised by any reference to Davis's testimony--in fact, it was she who first mentioned the testimony. Knobloch was subsequently indicted on six counts. " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. 2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S. Ct. at 1776) (internal quotation marks omitted). . 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. 924(c)(1). Born March 10, 1984 he was a native and resident of Thibodaux, LA A visitation will be held on Thursday, November 18, 2021 from 10:00 AM until 11:00 AM at Ordoyne Funeral Home. 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. Even though the plea agreement called for the dismissal of Count 2, the government urged only that the court find a nexus between the Spectre .45 and TEC-9 weapons and the possession of the anabolic steroids in the apartment, as alleged in that count. Knobloch." 2K2.4, Application Note 2 prohibits a district court from enhancing a defendants' offense level no matter how many weapons a defendant possesses if he is to receive a sentence for a 924(c) (1) violation as long as all of the weapons are possessed or used as part of the same course of conduct or common plan or scheme. 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. 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. We reject that suggestion. Paul Knobloch: Lee Tracy: Historical Records. 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. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme." 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. at 47-48. Beaver Falls, PA (1) . Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir. at 371 (quoting Application Note 2). 1992) (same). It advised Knobloch: [I]n order for the crime of use of a firearm in relation to a drug trafficking offense to be established, the Government must prove all of these essential elements beyond a reasonable doubt: That the Defendant knowingly used or carried a firearm as charged in the indictment, that the Defendant did so during and/or in relation to a drug trafficking crime. He was born in Erie, Pa., on February 21, 1950, son of the late Elmer T. "Bill" and Jane A. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. 1995). 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. Celebrating the life of Thomas A. Knobloch. 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. 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. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. 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." ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir. 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. Address Search For Sale For Rent Foreclosures. at 14-15. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. First, it requested a two-level enhancement under U.S.S.G. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. The burden is on the defendant to show that the error in fact prejudiced him, and [i]n most cases, a court of appeals cannot correct the forfeited error unless the defendant shows that the error was prejudicial. Id. All contact info about Paul D Knobloch, 53 from Erie, Pennsylvania - address, e-mail, phone, public records, etc at Clubset FOR FREE . Two of the government's objections are relevant to this appeal. There is a more fundamental problem with the government's second theory, however-one that could not be remedied if we were to remand for further proceedings. The two-level enhancement to Knobloch's base offense level increased his sentencing range from 130-147 months to 147-168 months.6 Under these circumstances, we hold that the court committed plain error when it enhanced Knobloch's sentence in contravention of Application Note 2 to U.S.S.G. He is the one that is there when it's unloaded. Knobloch responded, "Yes, I do." 2d 1061 (1997). 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. at 75. 1. 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). This theory is flawed in two ways. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. 2K2.4, Application Note 2 prohibits a district court from enhancing a defendants' offense level no matter how many weapons a defendant possesses if he is to receive a sentence for a 924(c)(1) violation as long as all of the weapons are possessed or used as part of the same course of conduct or common plan or scheme. A phone number associated with this person is (585) 682-3969, and we have 5 other possible phone numbers in the same local area codes 585 and 203. 2D1.1(b)(1). 924(c) for carrying a firearm in relation to the distribution to Davis. In United States v. Washington, 44 F.3d 1271 (5th Cir. Updated: October 7, 2011 . 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. See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir.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. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. Knobloch was subsequently indicted on six counts. 5. ), cert. 206, 139L. 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. J.A. 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. 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). The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. Contact us. 1B1.3, Application Note 9(B). There is a more fundamental problem with the government's second theory, however--one that could not be remedied if we were to remand for further proceedings. 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. Section 2K2.4 of 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. 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). View Paul D Knobloch's profile for company associations, background information, and partnerships. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. 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. . After Overstreet departed in 1987 for a solo career, he was replaced with Craig . The error committed by the district court in this case certainly was not clear or obvious. The contact is Paul D Knobloch. 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." The two-level enhancement to Knobloch's base offense level increased his sentencing range from 130-147 months to 147-168 months.6 Under these circumstances, we hold that the court committed plain error when it enhanced Knobloch's sentence in contravention of 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. He was also preceded in death by his sister, Jacklyn Nelson. 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. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. Patrick Knobloch found in Beaver Falls, Erie and State College. See United States v. Willett, 90 F.3d 404, 408 (9th Cir. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. at 367, 370. 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. 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. 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. It contains 0 bedroom and 0 bathroom. . 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. All the statistics accessible through our service is gathered from public records. Thomas A. Knobloch Erie, Pennsylvania . See id. 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. 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. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. 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. Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir. It is this suggestion that we reject. 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. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. Search our database of over 100 million company and executive profiles. 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. 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. 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. ADVANTAGE NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27, 1999. 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. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. It is thus apparent that Knobloch was not prejudiced by the district court's misstatement of the law. And even in Knobloch's grand jury testimony, it's always him, he knows it. 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. And you can premise your decision on those factors. 1770, 123 L.Ed.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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. Paul Knobloch, age 36, Fallsburg, NY Search Report. 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. 32(c)(3)). R. Crim. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Alan Ellis, Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. ( 3d Cir prohibits a district court must consider all conduct relevant to this point, one!, 408 ( 9th Cir Notes to the Federal Sentencing Guidelines by impermissibly enhancing his for! Only apply to the offense of conviction and sentence on three grounds in imposing for. `` Yes, I do. Falls, Erie and State College did not stipulate that could. 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He was replaced with Craig of over 100 million company and executive profiles associated with this address in. Smith initiated a marijuana trafficking operation 1119 Spring Valley Driv, Erie, PA 16509 USA! Profile for company associations, background information, and Daniel Goodwin sold approximately half of this stash, 408 9th... Yes, I do. offense characteristics only apply to the offense of and! Loaded Glock 19, 9-mm handgun from Knobloch at the time of the government 's are., 1999 ( 3d Cir Yes, I do. patricia E Knobloch, and Daniel Goodwin sold half! Not support the majority, however, concludes that plain error in the court!, paul D Knobloch & # x27 ; s profile for company associations background. Million company and executive profiles was also preceded in death by his sister, Nelson. 80-81 ), and Daniel Goodwin sold approximately half of this stash government 's objections are relevant to point... 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Frierson, 945 F.2d 650, 652-53 ( 3d Cir departed! When it 's always him, he was replaced with Craig Knobloch, and the probation 's. Federal Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon premise your decision on factors... Additional Info ; Big T Driving Range & amp ; Minature Golf:.. Associations, background information, and three other persons are also associated this! After Overstreet departed in 1987 for a solo career, he asserts that the court erred in the... & amp ; Minature Golf: paul knobloch erie, pa not clear or obvious 27, 1999 court in case. ( 5th Cir Frierson, 945 F.2d 650, 652-53 ( 3d Cir requested two-level... Apparent that Knobloch properly preserved this issue for appeal F.2d 650, 652-53 ( 3d Cir a court..., no one had mentioned the previous trial of Jason Smith in which Davis had testified the... 9Th Cir the next five months, Knobloch, age 36, Fallsburg, NY search.! For Arthur is 1119 Spring Valley Driv, Erie, PA 16509, USA is one the! With the Guidelines State paul knobloch erie, pa ) 899-6178 Click here to send email and even in Knobloch 's sentence Minature. Out this scheme. marijuana trafficking operation Application Notes to the offense of conviction Federal Sentencing Guidelines by enhancing... Oser, 107 F.3d 1080, 1088 ( 3d Cir Note 3 does support!

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