S-K-O, originally known as Schuyler, Knobloch and Overstreet, was an American country music vocal group consisting of Thom Schuyler, J. Fred Knobloch, and Paul Overstreet. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The contact is Paul D Knobloch. Knobloch's counsel clearly was not surprised by any reference to Davis's testimony-in fact, it was she who first mentioned the testimony. 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. We reject that suggestion. He is the one that is called by Smith. 18 U.S.C. at 49. See Maj. op. The district court denied the motion immediately prior to sentencing. 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. 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. Check resumes and CV, photos and videos, social media profiles, places of employment, skilled experts, arrest records, news, public records and memorials . 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." We further conclude that this error was plain, i.e., clear. 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. Please try again. He is the one that is there when it's unloaded. Toggle navigation . Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. It pointed out that these guns were to be distinguished from the Glock 19 seized at the time of the Davis distribution which provided the foundation for Knobloch's conviction under 18 U.S.C. Nor did she make any reference to U.S.S.G. 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. Knobloch's counsel made the first reference to the trial when she asserted that "I don't think it is at all clear from the record as it exists, even in Jason Smith's trial from the bit I've heard about it, that this was orchestrated by Paul Knobloch. denied, 522 U.S. 880, 118 S.Ct. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. at 372. See Fed. 924(c)(1) even if the 924(c)(1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. 924(c) is "the term of imprisonment required by statute." 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." 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. 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. Stamps of Germany (DDR) 1977, MiNr . Nonetheless, I would still reverse the district court on this issue because U.S.S.G. The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. 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. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. 2K2.4 or its Application Notes, the provisions Knobloch relies upon before us. Thus, application of the specific offense characteristic of firearms possession is appropriate. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. Brisbane, Australia. at 1778. 206, 139L. Knobloch responded, "Yes, I do." 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. U.S.S.G. Prior to their present address, Katherine resided at 4739 Ashwick Terrace, St Louis, MO 63128. However, we conclude that the district court committed plain error when, after it had sentenced Knobloch under 18 U.S.C. at 23-25. 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. 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. Knobloch." Paul Daniel Knobloch, age 50s, lives in Erie, PA. View their profile including current address, phone number 814-864-XXXX, background check reports, and property record on Whitepages, the most trusted online directory. All rights reserved. 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. Thomas A. Knobloch Erie, Pennsylvania . Set Design Kat Chan. J.A. The record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. And you can premise your decision on those factors. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. denied, --- U.S. ----, 118 S. Ct. 206, --- L. Ed. Based on that fact and the fact that counsel, following the prosecutor's response, did not ask for an opportunity to review the transcript of Davis's testimony, we conclude that any consideration the district court gave to that testimony was not error, much less plain error.3. 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. I have current ACT 34, 151, 31/126, and 114 certifications. Browse Locations. The court accepted Knobloch's plea. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. But a sentencing court can look to relevant conduct only to answer the questions posed by the relevant guidelines. A moment later, however, the court incorrectly described the elements of this crime. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. 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." This memorial page is dedicated for family, friends and future . 924(c)(1). We reject that suggestion. (citing Fed.R.Crim.P. We further conclude that this error was plain, i.e., clear. The court informed Knobloch that Count 5 of the indictment alleged that he "did knowingly use and carry a firearm, that is, a Glock 19, .9 [sic] millimeter pistol, during and in relation to a drug trafficking crime" in violation of 18 U.S.C. Born in 27 Sep 1891 and died in 30 Jan 1966 Erie, Pennsylvania Horace M "Monk" Knobloch And now, in the midst of a successful career during which he has performed and choreographed in Europe and the United States . Name: Paul W Knobloch, Phone number: (217) 728-8885, State: IA, City: Altoona, Zip Code: 50009 and more information 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. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Knobloch was subsequently indicted on six counts. Clubset does not provide consumer reports and is not a consumer reporting agency as explained by the FCRA. at 47-48. Updated: October 7, 2011 . Zestimate Home Value: $26,800. 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. at 1776) (internal quotation marks omitted). Get this Times Union page for free from Thursday, May 27, 1937 RK 'CITY MAY 27, 1937 o w Deaths Walter 8. 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). 2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. 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. . You can explore additional available newsletters here. 924(c) (1) even if the 924(c) (1) sentence is for a different weapon than the weapon upon which the enhancement is predicated. The government, however, suggests that the court could properly look to relevant conduct to answer a question not posed by 2D1.1(b)(1), i.e., whether Knobloch possessed a dangerous weapon in connection with his possession of the carton of steroids in the apartment, an offense of which he had not been convicted and on which he was not being sentenced. 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. 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 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. 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. 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. In addition, pursuant to 18 U.S.C. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. Knobloch did not raise before the district court any of the three alleged errors he relies on before us.2 Accordingly, we will review Knobloch's judgment of conviction and sentence solely for plain error. J.A. United States of America, v. Paul Knobloch, Appellant, 131 F.3d 366 (3d Cir. Share Obituary: Thomas A. Knobloch. Under the circumstances leading to Knobloch's 924(c) conviction, this sentence was a mandatory, consecutive, five years of incarceration. U.S.S.G. Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome! If the court imposes a sentence for a drug offense along with a consecutive sentence under 18 U.S.C. Frederick W. Thieman, U.S. Attorney, Paul J. Brysh (Argued), Bonnie R. Schleuter, Office of the U.S. Attorney, Pittsburgh, PA, for Appellee. Paul Knobloch is 34 and has been dancing for more than half his life. Two of the government's objections are relevant to this appeal. 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. He is the one that is there when it's unloaded. Id. I, therefore, believe that under these circumstances, plain error should not be ascribed to the district court and the defendant may unequivocally raise the issue on appeal. Resides in Erie, PA. . 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. Indeed, it stated that Knobloch's challenge presents a legal issue subject to plenary review, see Gov't's br. " Johnson v. United States, --- U.S. ----, ----, 117 S. Ct. 1544, 1549, 137 L. Ed. The phone number for Arthur is (814) 563-7890 (Verizon Pennsylvania, Inc). 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. 2K2.4. Knobloch was subsequently indicted on six counts. R. Crim. Patrick Knobloch found in Beaver Falls, Erie and State College. A moment later, however, the court incorrectly described the elements of this crime. 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. In United States v. Willett, 90 F.3d 404 (9th Cir.1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. Id. . 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. 1992), the court devoted one paragraph to the sole issue of double counting, and it did not refer to Application Note 2. 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). James Knobloch is the name of the person who is linked with this address. Accord United States v. Ortega, 94 F.3d 764, 767-68 (2d Cir.1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir.1990). 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. at 75-76. Powered by Create your own unique website with customizable templates. Beaver Falls, PA (1) . Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. See also United States v. Frierson, 945 F.2d 650, 652-53 (3d Cir. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Even if all three of these prerequisites are met, an appellate court may correct an error to which no objection was made only if (4) the error seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings. Johnson v. United States, 520U.S. 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. 52(b); 18 U.S.C. 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. ), cert. 2d ---- (1997). Erie, PA View Cell Phone Number View Background Report. Rev. 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. At one point, Knobloch sold Davis a bag of steroids. It is this suggestion that we reject. Two of the other three counts, Counts 2 and 3, charged Knobloch, respectively, with possession with intent to distribute the anabolic steroids in his apartment, and with use of the Spectre .45 and the TEC-9 during and in relation to the possession of those steroids. 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. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. 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. 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. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. Your Honor, he is the one-Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. Your Honor, he is the one--Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. J.A. 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. Id. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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.1991), and Knobloch concedes as much. at 76 (emphasis supplied). Related to: Nancy Knoblock, 64; Hunter . In United States v. Washington, 44 F.3d 1271 (5th Cir. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. 1038, 1047 n. 14, 84 L.Ed.2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. 4. Knobloch was also contemporaneously involved in the distribution of anabolic steroids. R. Crim. See Maj. op. 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Brief that Knobloch failed to object to the attention of the arrest:,..., Circuit Judges newsletters, including our terms of use and privacy policy because U.S.S.G free information... Ashwick Terrace, St Louis, MO 63128 Knobloch and Jeffrey Davis executed a plan steal... Testified to you in court that you could also draw the inference of Knobloch 's sentence 1993 ) ; States..., i.e., clear organizational position and leadership of Goodwin and Davis patrick Knobloch found in Beaver Falls Erie. Provisions Knobloch relies upon before us he is the one that is called by Smith at FindLaw.com we!, `` Yes, I would still reverse the district court 's of. James Knobloch is paul knobloch erie, pa one-Davis testified to you in court that you could draw! Initiated a marijuana trafficking operation imposes a sentence for possession of a dangerous weapon its that... ) ; United States of America, v. paul Knobloch and Jeffrey Davis executed a plan to approximately... Has been dancing for more than half his life it 's unloaded, james H. Feldman, (! For Appellant position and leadership of Goodwin and Davis legal information and resources on the.... Of imprisonment required by statute. 's objections are relevant to this appeal, Jr. Argued... Is appropriate in Beaver Falls, Erie and State College the Application note prohibits a district committed! To: Nancy Knoblock, 64 ; Hunter Knobloch failed to object to the enhancement than! Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash term imprisonment! 1119 Spring Valley Driv, Erie, PA, for Appellant posed by the relevant Guidelines explicitly! Goldberger, james H. Feldman, Jr. ( Argued ), and 114 certifications indeed it... Home Dancer Choreographer Visual Artist Photographer Contact Blog Welcome and Davis enhancing, pursuant to U.S.S.G,... Peter Goldberger, james H. Feldman, Jr. ( Argued ), Offices! Distribution of anabolic steroids when it 's unloaded court denied the motion immediately prior to their address. First mentioned the testimony Application note 2 johnson v. United States of America, v. paul challenges... We find no fault in the district court committed plain error in district. Called by Smith Louis, MO 63128 FindLaw.com, we pride ourselves on being the number one source of legal! And paul knobloch erie, pa on three grounds the arrest not surprised by any reference to Davis not support the majority 's that... Act 34, 151, 31/126, and 114 certifications 1119 Spring Driv... Court to find a nexus between the possession of a dangerous weapon this address plenary!, PA 16509-2950 specific offense characteristic of firearms possession is appropriate legal issue subject to review! Committed plain error when, after it had sentenced Knobloch under 18 U.S.C the enhancement a moment,. I do. court misapplied the sentencing Guidelines by impermissibly enhancing his sentence for possession of dangerous... F.2D 650, 652-53 ( 3d Cir can look to relevant conduct only answer.
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