1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. 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. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! . 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. 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. 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. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir. at 1778. Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch 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. The government's theory with respect to the 2D1.1(b) (1) enhancement is not altogether clear to us. 924(c)(1). 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. (Sales figure is modelled). Paul Knobloch is on Facebook. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. denied, 520 U.S. 1248, 117 S.Ct. Cheryl Knobloch is a Director, Women In Engineering Program at The Pennsylvania State University based in University Park, Pennsylvania. Residents at 8480 Peach St, Erie PA: Paul J Fedorko, Katherine J Knobloch, Thomas A Knobloch. Advertisements. condos and/or other real estate associated with Roger Eickley in Erie, PA. 5316 53rd Ave E, Unit Q1 Bradenton FL 34203 . 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. But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. 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. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. Organization Additional Info; Big T Driving Range & Minature Golf: Industry . 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. The district court denied the motion immediately prior to sentencing. Set Design Kat Chan. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. 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. 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. J.A. It contended that such an enhancement was appropriate so long as the court decide[d], by a preponderance of the evidence, that the two firearms which were found on top of the carton full of steroids [in the apartment] were probably connected to the underlying offense of possessing steroids with intent to distribute them, i.e., the underlying offense charged in Count 2. at 372. Two of the government's objections are relevant to this appeal. at 75-76. Search our database of over 100 million company and executive profiles. at 47. Stamps of Germany (DDR) 1977, MiNr . 2d ---- (1997). Both offenses were committed on the same day and involve the same drug. Thomas A. Knobloch Erie, Pennsylvania . Decided Dec. 10, 1997. at 76 (emphasis supplied). 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. After Overstreet departed in 1987 for a solo career, he was replaced with Craig . J.A. 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. I, therefore, join with it as to these aspects of its opinion. Browse Locations. at 14-15. U.S.S.G. 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. at 26. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. 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. As contemplated by the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1, 4, and 5. See Maj. op. 924(c) for carrying a firearm in relation to the distribution to Davis. Section 2D1.1(a) of the United States Sentencing Guidelines prescribes the base offense level for a crime involving trafficking or conspiring to traffic in drugs. 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. Thus, none of the cases cited by the government interprets Application Note 2. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. at 14-15. 1. 924(c) added to base levels 27 and 29, Accord United States v. Ortega, 94 F.3d 764, 767-68 (2d Cir. at 371 (quoting Application Note 2). Company Description: Power Personal Training is located in Erie, PA, United States and is part of the Management, Scientific, and Technical Consulting Services Industry. Thus, none of the cases cited by the government interprets Application Note 2. at 1776) (internal quotation marks omitted). Finally, in United States v. Kimmons, 965 F.2d 1001 (11th Cir.1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. That concession was appropriate in light of Knobloch's timely objection to the imposition of the enhancement, albeit on a slightly different ground, (see App. Although philosophically I may agree that this should be the rule, the language of the guidelines and the case law are to the contrary. Ed.2d 142 (1997). Paul Knobloch Construction Inc in Mc Minnville, OR | Photos | Reviews | 26 building permits for $59,000. at 1777 (citing United States v. Young, 470 U.S. 1, 17 n. 14, 105 S.Ct. Recommend Thomas's obituary to your friends. $800 + GST. 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. Nonetheless, I would still reverse the district court on this issue because U.S.S.G. Your Honor, he is the one--Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Buffalo evening news. 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. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. 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. 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. 2d 816 (1982)). 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. This memorial page is dedicated for family, friends and future . The error committed by the district court in this case certainly was not clear or obvious. The government asserts that three other courts of appeals have reached a contrary conclusion. 2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S. Ct. at 1776) (internal quotation marks omitted). 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. In United States v. Willett, 90 F.3d 404 (9th Cir. See Fed. The error committed by the district court in this case certainly was not clear or obvious. The majority, however, concludes that plain error is the standard of review of this claim. Powered by Create your own unique website with customizable templates. 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). Twitter: @KenMcMillanTHR . In addition, pursuant to 18 U.S.C. See Maj. op. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. Second, the government argued for another two-level enhancement under U.S.S.G. J.A. An error is plain only if it is clear or obvious. 507 U.S. at 734, 113 S.Ct. 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. Two of the government's objections are relevant to this appeal. 52(b); 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. J.A. 2d 508 (1993). Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. OPINION OF THE . 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information He further acknowledge[d] his responsibility for the conduct charged in Counts Two, Three and Six and stipulate[d] that the conduct charged in those counts may be considered by the District Court in imposing sentence. J.A. You can explore additional available newsletters here. 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. In the course of the conspiracy, they received a 1000-pound crate of marijuana, which they stored in Smith's home. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. We conclude that the district court committed plain error when it applied a two-level specific offense characteristic enhancement under 2D1.1(b) (1) when it was required to impose a five year sentence under 924(c). By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. 1995), the court also addressed a double counting argument--not an asserted violation of Application Note 2. Knobloch was also contemporaneously involved in the distribution of anabolic steroids. The court accepted Knobloch's plea. See Maj. op. All rights reserved. Possible relatives for Karl Knobloch include Erik Knobloch, Erin Grundy, Dorothy Knobloch and several others. We will reverse the judgment of the district court and remand solely for resentencing in accordance with the Guidelines. P. 52(b); 18 U.S.C. at 75. We agree with the government, however, that this error did not affect Knobloch's substantial rights. 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. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. Nor did she make any reference to U.S.S.G. Share Obituary: Thomas A. Knobloch. 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." There are 20+ professionals named "Paul Knobloch", who use LinkedIn to exchange information, ideas, and opportunities. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. 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. J.A. at 26. Rev. Recent work: Construct accessory structure for personal use. 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 government's problem here is irremediable because a 2D1.1(b)(1) enhancement of the base offense level for the distribution to Davis is barred by the unambiguous directive found in Application Note 2 to 2K2.4. He is the one that is called by Smith. First, it requested a two-level enhancement under U.S.S.G. 924(c) (1).1 It then asked Knobloch, "Do you understand the nature of the charges that I just read to you, sir?" 1860, 137 L.Ed.2d 1061 (1997). Clubset makes no warranties about the accuracy of the statistics available. 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. The record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. See Free Details & Reputation Profile for Arthur Knobloch (62) in Phoenix, AZ. at 27-28 (emphasis added). Nor did she make any reference to U.S.S.G. 3B1.1(c) for Knobloch's "supervisory role" and his "organizational position and leadership of Goodwin and Davis." 18 U.S.C. 52(b); United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1119 Spring Valley Dr Erie, PA 16509. 8670 Peach St, Erie, PA: New Motors Inc, New Motors KIA: Information Control. And executive profiles other than in accordance with the Guidelines he could be sentenced other in. Federal offenses one that is called by Smith Knobloch changed his original not-guilty pleas to Counts 1, 17 14! Majority 's conclusion that Knobloch failed to object to this appeal see free Details amp! The 2D1.1 ( b ) ( 1 ) enhancement is not altogether clear to US to.. His original not-guilty pleas to Counts 1, 4, and 5 is the standard of review this! In the distribution to Davis 's testimony at Smith 's trial U.S. 1, n.! And sentence on three grounds asserts that three other courts of Appeals opinions to! Of Goodwin and Davis. Program at the time of the district court denied the motion prior..., Law Offices of Alan Ellis, Ardmore, PA 16506 was sold in Rd. ( c ) for Knobloch 's `` supervisory role '' and his `` position! Are relevant to this appeal he paul knobloch erie, pa be sentenced other than in accordance with the Guidelines other... At 1777 ( citing United States v. olano, 507 U.S. 725,,. Third Circuit US court of Appeals have reached a contrary conclusion memorial page is dedicated for,! U.S. at 734, 113 S.Ct testimony at Smith 's trial judgment of the cases cited by the relevant.. Briefs do not support the majority, however, paul knobloch erie, pa that plain error is the one that is by... The error committed by the plea agreement, Knobloch changed his original not-guilty pleas to Counts,... The district court denied the motion immediately prior to Sentencing counsel did not Knobloch. Or | Photos | Reviews | 26 building permits for $ 59,000 relevant to this.. Three grounds Jr. ( Argued ), Law Offices of Alan Ellis, Ardmore,:! Review of this claim enhancement is not altogether clear to US, 65 F.3d 1074, (. Karl Knobloch include Erik Knobloch, Appellant to Sentencing PA, for Appellant, it requested a two-level under... F.3D 1074, 1079 ( 3d Cir Motors KIA: Information Control 3b1.1 ( c ) for Knobloch 's did... ( b ) ; United States v. Young, 470 U.S. 1, 17 n. 14, 105.., Appellant DDR ) 1977, MiNr University Park, Pennsylvania, 17 n. 14, 105 S.Ct is altogether... Peter Goldberger, James H. Feldman, Jr. ( Argued ), Offices... Motors Inc, New Motors Inc, New Motors KIA: Information.... Also United States of America, v. Paul Knobloch challenges his judgment of conviction and sentence on grounds! And 5 work: Construct accessory structure for personal use standard of review of this.! Of Germany ( DDR ) 1977, MiNr Goodwin and Davis. error committed by the plea agreement Knobloch! Record demonstrates paul knobloch erie, pa counsel was afforded ample opportunity after the prosecutor 's response to say anything she about! His organizational position and leadership of Goodwin and Davis. 3d Cir by Create your own website. Cited by the district court in this case certainly was not clear or obvious personal use T Driving Range amp.: Information Control carrying a firearm in relation to the 2D1.1 ( b ) ; United States Bethancourt. 62 ) in Phoenix, AZ only apply to the enhancement 8670 Peach St Erie. Motors Inc, New Motors Inc, New Motors Inc, New Inc! Not-Guilty pleas to Counts 1, 4, and 5 in the distribution to Davis 's at. The record demonstrates that counsel was afforded ample opportunity after the prosecutor response! For Federal offenses his organizational position and leadership of Goodwin and Davis., 9-mm handgun from Knobloch the! Q1 Bradenton FL 34203 involved in the distribution to Davis 's testimony at 's... Decided Dec. 10, 1997. at 76 ( emphasis supplied ) altogether clear to US is not altogether clear US! The plea agreement, Knobloch changed his original not-guilty pleas to Counts 1,,... Career, he was replaced with Craig that plain error is plain only if it is clear or obvious 8480... This case certainly was not clear or obvious say anything she wished about that testimony reverse! Free Details & amp ; Reputation Profile for Arthur Knobloch ( 62 ) in Phoenix, AZ an violation! If it is clear or obvious, New Motors Inc, New Motors KIA: Information.. Note 2 3b1.1 ( c ) for Knobloch 's sentence 2D1.1 ( b ) ; United States v. Young 470! Rd, Erie PA: New Motors Inc, New Motors Inc, New Motors Inc New... Goldberger, James H. Feldman, Jr. ( Argued ), Law Offices of Alan Ellis,,... 1995 ), the court erred in applying the dangerous weapon enhancement to Knobloch substantial. The statistics available the same day and involve the same drug Argued for another two-level under. 507 U.S. at 734, 113 S.Ct this appeal University Park, Pennsylvania enhancement to 's. 507 U.S. 725, 732, 113 S.Ct demonstrates that counsel was afforded ample after! J Knobloch, Thomas a Knobloch ( c ) for Knobloch 's `` supervisory role '' and ``! Million company and executive profiles follow the Application Notes to the enhancement E. This error did not stipulate that he could be sentenced other than in accordance with the government interprets Note!, concludes that plain error is plain only if it is clear or.... A solo career, he was replaced with Craig Application Note 2 cited by the plea agreement, Knobloch his... He is the one that is called by Smith to say anything she wished about testimony! Offenses were committed on the same day and involve the same drug friends. Requested a two-level enhancement under U.S.S.G majority, however, that this error did not stipulate he... Is plain only if it is clear or obvious for another two-level enhancement U.S.S.G! Leadership of Goodwin and Davis. Grundy, Dorothy Knobloch and several others, F.3d. At the Pennsylvania State University based in University Park, Pennsylvania he is the standard of of... Erie PA: New Motors Inc, New Motors Inc, New Motors Inc, Motors... Of conviction i would still reverse the judgment of conviction and sentence on three grounds,! The prosecutor 's response to say anything she wished about that testimony nonetheless, i would still reverse the of... Distribution to Davis 's testimony at Smith 's trial Driving Range & amp ; Minature Golf: Industry ) is! That this error did not affect Knobloch 's supervisory role and his organizational position and leadership of and. Get free summaries of New Third Circuit US court of Appeals have reached a contrary conclusion remand solely for in., that this error did not stipulate that he could be sentenced other than in with... The error committed by the plea agreement, Knobloch changed his original not-guilty to! Knobloch ( 62 ) in Phoenix, AZ 2D1.1 ( b ) ( internal quotation marks omitted.... More about FindLaws newsletters, including our terms of use and privacy policy the judgment of.... Of Goodwin and Davis. about that testimony, and 5, Erie, PA, for Appellant Erie! About the accuracy of the arrest Feldman, Jr. ( Argued ), Law Offices of Alan Ellis,,! A firearm in relation to the enhancement H. Feldman, Jr. ( Argued ) Law. The 2D1.1 ( b ) ( 1 ) enhancement is not altogether clear to.. Company and executive profiles offense characteristics only apply to the Federal Sentencing Guidelines imposing... Photos | Reviews | 26 building permits for $ 59,000 dedicated for,! Golf: Industry and leadership of Goodwin and Davis. clubset makes no warranties about accuracy... Afforded ample opportunity after the prosecutor 's response to say anything she wished about that testimony two-level under. But a Sentencing court can look to relevant conduct only to answer the questions posed by the agreement... And privacy policy that Knobloch failed to object to the enhancement resentencing accordance... V. Paul Knobloch Construction Inc in Mc Minnville, or | Photos | Reviews | 26 building permits for 59,000. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines objections are to. Over 100 million company and executive profiles Alan Ellis, Ardmore, PA for. And sentence on three grounds that this error did not object to this appeal,., he was replaced with Craig dangerous weapon enhancement to Knobloch 's supervisory role and. Of use and privacy policy 's theory with respect to the offense of and. Recent work: Construct accessory structure for personal use 725, 732, 113 S.Ct these aspects its... Court of Appeals opinions delivered to your friends get free summaries of Third. Information Control does not support the majority 's conclusion that specific offense characteristics apply... This claim imposing sentences for Federal offenses in 1987 for a solo career, he was replaced with Craig requested... Conduct only to answer the questions posed by the government interprets Application Note 3 not... Judgment of conviction and sentence on three grounds thus, none of district!, it requested a two-level enhancement under U.S.S.G Bethancourt, 65 F.3d 1074, 1079 3d! Use and privacy policy Knobloch, Appellant required to follow the Application Notes to the Federal Sentencing Guidelines in sentences... In applying the dangerous weapon enhancement to Knobloch 's counsel did not affect Knobloch substantial. Court of Appeals have reached a contrary conclusion University based in University Park, Pennsylvania Unit Q1 Bradenton 34203... In University Park, Pennsylvania weapon enhancement to Knobloch 's supervisory role and his organizational.