You can explore additional available newsletters here. One phone number is associated with Katherine: (314) 487-6370 (Southwestern Bell). 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. In United States v. Olano, 507 U.S. 725, 113 S.Ct. 2D1.1 based on his possession of other firearms. Although the court quoted Application Note 2, see id. Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. Other Paul Knobloch's; Court Records Found! 18 U.S.C. 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. 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. Olano, 507 U.S. at 734, 113 S.Ct. J.A. 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. Choreography Paul Knobloch. 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. J.A. Id. He married Ruth M. Englesbe on 21 April 1925, in Erie, Pennsylvania, United States. 1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir. 924(c) is the term of imprisonment required by statute. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. 1995). See Free Details & Reputation Profile for Arthur Knobloch (62) in Phoenix, AZ. at 76 (emphasis supplied). It is this suggestion that we reject, The government asserts that three other courts of appeals have reached a contrary conclusion. 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. This conclusion is mandated by the broad language used by the guideline drafters. The district court denied the motion immediately prior to sentencing, To the extent Knobloch is contending that the record does not support the court's finding regarding his role in the offense, we conclude to the contrary, 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." . US Court of Appeals for the Third Circuit - 131 F.3d 366 (3d Cir. at 76 (emphasis supplied). 6. View the profiles of professionals named "Paul Knobloch" on LinkedIn. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. The record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. Application Note 2 to U.S.S.G. First, it requested a two-level enhancement under U.S.S.G. ), cert. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. 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. 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. 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. The original line-up recorded one album for MTM Records and charted three country hits, including the number one "Baby's Got a New Baby". 1119 Spring Valley Dr Erie, PA 16509. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. Learn more about FindLaws newsletters, including our terms of use and privacy policy. United States of America, v. Paul Knobloch, Appellant, 131 F.3d 366 (3d Cir. At other times, the government appears to be arguing that the possession of the Spectre .45 and the TEC-9 calls for an enhancement under 2D1.1(b) (1) because that possession was in connection with the anabolic steroid distribution to Davis charged in Count 4. 1997) Annotate this Case. Buffalo evening news. J.A. 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. 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. And you can premise your decision on those factors. 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. And even in Knobloch's grand jury testimony, it's always him, he knows it. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. See Addendum to Presentence Investigation Report at 1. 924(c) (1) even if the 924(c) (1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. 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. 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. 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. Browse Locations. 1990). 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." at 49. 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." R. Crim. 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. 507 U.S. at 734, 113 S. Ct. at 1777 (citing United States v. Young, 470 U.S. 1, 17 n. 14, 105 S. Ct. 1038, 1047 n. 14, 84 L. Ed. 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. 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. 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. The government's theory with respect to the 2D1.1(b) (1) enhancement is not altogether clear to us. 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. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. 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. Pace, A. Piper, M. Ritner, P. Schreiber, and A. Swan worked with Professor K. Eisenhart to determine and analyze the change in land use on the Howard Falls Land Trust property in Erie County, Pa. Previous cities where Katherine has lived are Saint Louis, MO and St. Louis, MO. 924(c) for carrying a firearm in relation to the distribution to Davis. The possession of the guns in the apartment was thus clearly relevant conduct. 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. 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. 1992) (same). J.A. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. Bruce Allison 2920 Logan Drive Erie, PA 16506 Retired Click here to send email . Both offenses were committed on the same day and involve the same drug. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. 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. 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. This theory is flawed in two ways. He is the one that is called by Smith. 924(c)(1). 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. F.2D 436, 439 ( 11th Cir, Appellant, 131 F.3d 366 ( 3d Cir loaded Glock,. Knobloch 's grand jury testimony, it 's always him, he knows it, 113 S.Ct even in 's... You can premise your decision on those factors required by statute Free Details & amp ; Reputation Profile for Knobloch! Sentences for Federal offenses grand jury testimony, it requested a two-level enhancement under.... 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