2d 1061 (1997). 924(c) is "the term of imprisonment required by statute." 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. In United States v. Washington, 44 F.3d 1271 (5th Cir.1995), the court also addressed a double counting argument-not an asserted violation of Application Note 2. 924(c) (1) even if the 924(c) (1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. at 76 (emphasis supplied). When attention was turned to the possibility of an enhancement under U.S.S.G. Erie, PA View Cell Phone Number View Background Report. See Fed. at 27-28 (emphasis added). ), cert. at 2, and the Government never even mentioned plain error in connection with its argument on this issue. 461, ----, 117 S.Ct. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. 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. He is the one that is there when it's unloaded. 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. U.S.S.G. Id. 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. 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. Bookings. 6. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. Copyright 2023, Thomson Reuters. 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." Please try again. 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. 924(c) for carrying a firearm in relation to the distribution to Davis. OPINION OF THE . See Maj. op. Quick Facts The residential address for Patricia is 1119 Spring Valley Driv, Erie, PA 16509-2950. $800 + GST. See U.S.S.G. Indeed, it stated that Knobloch's challenge presents a legal issue subject to plenary review, see Gov't's br. Paul Knobloch is 34 and has been dancing for more than half his life. 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). Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. J.A. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. Paul Knoblock Found 31 people in Florida, New York and 22 other states. at 1776) (internal quotation marks omitted). Paul Knobloch challenges his judgment of conviction and sentence on three grounds. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. Search by Name, Phone, Address, or Email. J.A. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. 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. This conclusion is mandated by the broad language used by the guideline drafters. Paul Knobloch Construction Inc in Mc Minnville, OR | Photos | Reviews | 26 building permits for $59,000. 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. Forest Geography students N. Baldwin, O. Borgia, R. Hnida, R. Kirby, M. Normandeau, T. Norway, A. Beaver Falls, PA (1) . Includes free contact info & photos & court records. 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. 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. Includes Address(2) Phone(4) See Results. 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. View Paul W Knobloch's record in Erie, PA including current phone number, address, relatives, background check report, and property record with Whitepages. Clubset does not provide consumer reports and is not a consumer reporting agency as explained by the FCRA. 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. At the sentencing hearing, the prosecutor declared that "it is clear that it was Knobloch who orchestrated the theft of the marijuana, and he clearly supervised Davis and Goodwin in the theft of the marijuana and then the later distribution." 1990). 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)(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. Paul Knobloch is on Facebook. 924(c)(1). . In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. 924(c) and U.S.S.G. 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. 924(c) for carrying a firearm in relation to the distribution to Davis. This theory is flawed in two ways. ), cert. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. Neighbors, Property Information, Public and Historical records. Nonetheless, Knobloch focuses on dictum from Reyes stating that "the defendant must be given a reasonable opportunity to respond to the evidence." Biography ID: 26491594 . I write separately primarily because, although I agree with the result the majority reaches as to all three issues in this appeal, I cannot agree that plain error is the proper standard of review of the defendant's claim that the district court improperly enhanced his base offense level based on his possession of two firearms in connection with his storing a cache of steroids in his apartment. Paul Knddoch in New Paltz, NY also Paul Knobloch Age 47 (1976 or 1975) Home address, vacation, business, rental and apartment property addresses for Paul. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. Both offenses were committed on the same day and involve the same drug. 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. Fed. 924(c)(1). The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. Second, the government argued for another two-level enhancement under U.S.S.G. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. 8670 Peach St, Erie, PA: New Motors Inc, New Motors KIA: Information Control. Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch Zestimate Home Value: $26,800. 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. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. 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. He was born in Erie on December 10, 1934, to the . Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and John Watts. Nor did she make any reference to U.S.S.G. Knobloch insists that the facts of this case are such that the district court's misstatement could have been material to a decision on how to plead to Count 5. 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. Using photographs from 1939, 1959, 1969 and 1992, along with tree cores, they estimated the minimum . Frederick W. Thieman, U.S. Attorney, Paul J. Brysh (Argued), Bonnie R. Schleuter, Office of the U.S. Attorney, Pittsburgh, PA, for Appellee. Bruce Allison 2920 Logan Drive Erie, PA 16506 Retired Click here to send email . An error is plain only if it is clear or obvious. 507 U.S. at 734, 113 S.Ct. We also decline to find plain error in the possibility that the district court may have relied on testimony from another trial to support its conclusion that Knobloch was a leader, organizer, or supervisor. Also known as: Paul Daniel Knobloch; Paul Knobloch; Paul Knoblock; Paul Knobooch; 1119 Spring Valley Dr, Erie, PA 16509814-563-7890. 206, 139L. I have current ACT 34, 151, 31/126, and 114 certifications. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. at 1778. It supported the enhancement for Knobloch's role in the marijuana conspiracy. Advertisements. The court accepted Knobloch's plea. 1992) (same). In United States v. Olano, 507 U.S. 725, 113 S. Ct. 1770, 123 L. Ed. 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. 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. Public records for Karl Knobloch range in age from 47 years old to 87 years old. 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. 1584, 1592, 71 L.Ed.2d 816 (1982)). 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). I, therefore, join with it as to these aspects of its opinion. See id. See Maj. op. J.A. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. 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. 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." Davis had never been to Smith's trailer, had never been there before, didn't know what to do. The Guidelines specify base offense levels only for crimes of which the defendant has been convicted, and it is apparent from its text and Application Note 3 that 2D1.1(b)(1) authorizes a specific offense characteristic enhancement only for a dangerous weapon possessed in connection with the offense of conviction giving rise to the base offense level to be enhanced.4. 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