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. This conclusion is mandated by the broad language used by the guideline drafters. 1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. We agree with the government, however, that this error did not affect Knobloch's substantial rights. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. OPINION OF THE . 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. View Paul D Knobloch's profile for company associations, background information, and partnerships. Erie, PA 16510-1498 Phone: (814) 899-6178 Click here to send email. 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. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. 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. Decided Dec. 10, 1997. Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. 8670 Peach St, Erie, PA: New Motors Inc, New Motors KIA: Information Control. It is this suggestion that we reject, The government asserts that three other courts of appeals have reached a contrary conclusion. 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. J.A. Resides in Beaver Falls, PA. 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. James Knobloch is the name of the person who is linked with this address. 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. 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." The majority and I agree that Knobloch is correct on this point. 2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S. Ct. at 1776) (internal quotation marks omitted). A moment later, however, the court incorrectly described the elements of this crime. 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. Indeed, it stated that Knobloch's challenge presents a legal issue subject to plenary review, see Gov't's br. The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. ), cert. See Maj. op. 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. (citing Fed. Previousl y, Cheryl was a Product Development Engineer at KYOCERA AVX. 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. See Fed. 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. The government concedes that the district court erred when it described one element of the 924(c)(1) offense as during and/or in relation to a drug crime, and it further concedes that the error was plain. J.A. 1913, 1915, 123 L.Ed.2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. Quick Facts The residential address for Patricia is 1119 Spring Valley Driv, Erie, PA 16509-2950. kmcmillan@th-record.com. at 14-15. 32(c)(3)). 2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S. Ct. 1584, 1592, 71 L. Ed. 1. 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. Section 2D1.1(b) (1) provides a "specific offense characteristic" which directs that if "a dangerous weapon (including a firearm) was possessed [during the offense, the base offense level must be] increase [d] by 2 levels." Includes Address(2) Phone(4) See Results. 924(c) for carrying a firearm in relation to the distribution to Davis. See Fed. Paul Knobloch Construction Inc in Mc Minnville, OR | Photos | Reviews | 26 building permits for $59,000. at 1776) (internal quotation marks omitted). Two of the government's objections are relevant to this appeal. The email address cannot be subscribed. 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. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme." 1997) Argued Oct. 14, 1997. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. 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. 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. Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information The government asserts that three other courts of appeals have reached a contrary conclusion. 924(c) is "the term of imprisonment required by statute." ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir.1995). Public records for Karl Knobloch range in age from 47 years old to 87 years old. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. As contemplated by the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1, 4, and 5. Sign up for our free summaries and get the latest delivered directly to you. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. 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. An error is plain only if it is "clear" or "obvious." 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. 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. Second, the government argued for another two-level enhancement under U.S.S.G. Recent work: Construct accessory structure for personal use. J.A. We reject that suggestion. 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. R. Crim. Dr. Paul J. Gausman is a Family Medicine Doctor in Erie, PA. Find Dr. Gausman's phone number, address, insurance information, hospital affiliations and more. 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. Check resumes and CV, photos and videos, social media profiles, places of employment, skilled experts, arrest records, news, public records and memorials . The contact is Paul D Knobloch. I, therefore, join with it as to these aspects of its opinion. at 75. This memorial page is dedicated for family, friends and future . The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. 2K2.4. Residents at 8480 Peach St, Erie PA: Paul J Fedorko, Katherine J Knobloch, Thomas A Knobloch. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Oct 2017 - Present5 years 5 months. Id. J.A. 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. Thus, application of the specific offense characteristic of firearms possession is appropriate. This site is protected by reCAPTCHA and the Google. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! 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. 5. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. He was recently appointed the Regional Touring and Storytime Ballet Master of The Australian Ballet, a role that will involve teaching daily classes within the company, rehearsing . 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. 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). 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. 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. Browse Locations. 1B1.3, Application Note 9(B). Login. 924(c)(1). denied, 520 U.S. 1248, 117 S.Ct. View FREE Public Profile & Reputation for Paul Knobloch in Erie, PA - See Court Records | Photos | Address, Email & Phone Numbers | Personal Review | $70 - $79,999 Income & Net Worth. 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