The error committed by the district court in this case certainly was not clear or obvious. 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. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. 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." 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. Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. The Kidder Reunion Book begins in 1891 with the first recorded gathering of descendants of Thomas and Lucy Holt Kidder, who located in Elk Creek Township, Erie County, Pennsylvania, about 1832 from Silver Creek, Hanover Twp., Chautauqua County, New York. 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. The motion did not refer to the district court's misdescription of the elements of the offense charged in Count 5. 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. And now, in the midst of a successful career during which he has performed and choreographed in Europe and the United States . 1913, 1915, 123 L.Ed.2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. Your Honor, he is the one--Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. Search by Name, Phone, Address, or Email. 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. Both offenses were committed on the same day and involve the same drug. 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. FastPeopleSearch results provide address history, property records, and contact information for current and previous tenants. Mabel W Knobloch of Erie, Erie County, Pennsylvania was born on January 8, 1880, and died at age 86 years old on June 15, 1966. R. Crim. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. 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 26. Past residents include Ashley Hayes, Melvin Eickley, Thomas Knobloch, Darin Hayes and John Watts. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. Krug, Morris lan, Frank Tletng, Barbara .Joseph Lyons, Ida E . $800 + GST. 2K2.4. 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 called by Smith. As contemplated by the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1, 4, and 5. 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. J.A. 1B1.3, Application Note 9(B). . 4. at 372. 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. 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. 2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S. Ct. 1584, 1592, 71 L. Ed. 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. See United States v. Willett, 90 F.3d 404, 408 (9th Cir. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. 2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S. Ct. at 1776) (internal quotation marks omitted). 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. 1. Toggle navigation . at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. If plain error is the appropriate standard of review of Knobloch's claim, this court could not correct the error. 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. In addition, pursuant to 18 U.S.C. 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. This site is protected by reCAPTCHA and the Google. R. Crim. from Erie, PA. Get Report. 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. at 47-48. 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. A moment later, however, the court incorrectly described the elements of this crime. Davis had never been to Smith's trailer, had never been there before, didn't know what to do. 924(c)(1). 1995). 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. Knobloch did not stipulate that he could be sentenced other than in accordance with the Guidelines. Id. 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. Powered by Create your own unique website with customizable templates. Paul Knobloch: Lee Tracy: Historical Records. Search our database of over 100 million company and executive profiles. I, therefore, join with it as to these aspects of its opinion. 1995), the court also addressed a double counting argument--not an asserted violation of Application Note 2. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. 1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir. St. Paul 1617 Walnut Street Erie, PA 16502-1790 Phone: (814) 459-3173 Click here to send email. Id. Costume Design Christie Milton. 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. 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. 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. Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters With her final breath a mother evokes the life and love destined for h Portage High School Kalamazoo MI 1983-1987. Id. The record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. The majority, however, concludes that plain error is the standard of review of this claim. 3B1.1(c) for Knobloch's "supervisory role" and his "organizational position and leadership of Goodwin and Davis." Stinson v. United States, 508 U.S. 36, 38, 113 S. Ct. 1913, 1915, 123 L. Ed. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. 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. Knobloch. Id. 1B1.3, Application Note 9(B). Zestimate Home Value: $26,800. 18 U.S.C. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. Sign up for our free summaries and get the latest delivered directly to you. See Addendum to Presentence Investigation Report at 1. 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. 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. 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. We have no trouble acknowledging that the error in this case in fact affected Knobloch's substantial right to suffer no greater an imposition on his liberty than the Guidelines allow. 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. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. 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. Although philosophically I may agree that this should be the rule, the language of the guidelines and the case law are to the contrary. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. Your Honor, he is the one-Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. This theory is flawed in two ways. It supported the enhancement for Knobloch's role in the marijuana conspiracy. . 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. Although the court quoted Application Note 2, see id. Given the unambiguous directive of Application Note 2 and the fact that it was specifically called to the attention of the district court by the Probation Office, we are at a loss to explain why that Application Note was ignored in the course of the sentencing. 924(c) added to base levels 27 and 29, Accord United States v. Ortega, 94 F.3d 764, 767-68 (2d Cir. 924(c) and U.S.S.G. Nonetheless, I would still reverse the district court on this issue because U.S.S.G. Id. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. The error committed by the district court in this case certainly was not clear or obvious. P. 32(c) (3)). 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. Both offenses were committed on the same day and involve the same drug. kmcmillan@th-record.com. 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. 2D1.1(b) (1), the government stressed that the firearms it was relying on for this purpose were those that were alleged in Count 3 to have been possessed in connection with the underlying offense charged in Count 2, i.e., the possession of the anabolic steroids in the apartment with intent to distribute. 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. Music Sergei Prokofiev. The court in Willett addressed only an argument that this constituted impermissible double counting, not that it violated Application Note 2. Quick Facts The residential address for Patricia is 1119 Spring Valley Driv, Erie, PA 16509-2950. 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. In United States v. Willett, 90 F.3d 404 (9th Cir. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. Using photographs from 1939, 1959, 1969 and 1992, along with tree cores, they estimated the minimum . Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme. J.A. Oct 2017 - Present5 years 5 months. 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. Thus, none of the cases cited by the government interprets Application Note 2. 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. 924(c) added to base levels 27 and 29. See Maj. op. Rev. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). The burden is on the defendant to show that the error in fact prejudiced him, and [i]n most cases, a court of appeals cannot correct the forfeited error unless the defendant shows that the error was prejudicial. Id. A court of appeals may correct an unobjected-to error only if the error was "plain" and if it affected the defendant's "substantial rights." 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