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. Indeed, it stated that Knobloch's challenge presents a legal issue subject to plenary review, see Gov't's br. Music Sergei Prokofiev. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. Other Paul Knobloch's; Court Records Found! In addition, pursuant to 18 U.S.C. 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. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. When attention was turned to the possibility of an enhancement under U.S.S.G. Both offenses were committed on the same day and involve the same drug. Stay up-to-date with how the law affects your life. 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. KUNY , KIMBERLY A ALTOONA PA WINNER TAKE ALL MILLIONAIRE ED$1,000,000.00 FREEMAN , LINDA B PITTSBURGH PA DIAMONDS AND 7S $250,000.00 PATEL , RAMA MONROEVILLE PA HOLIDAY GIFTS $250 KNOBLOCH Thomas A. Knobloch, age 69, died at his home, Monday, March 8, 2004, following a courageous battle with cancer. Courts are required to follow the Application Notes to the Federal Sentencing Guidelines in imposing sentences for federal offenses. Peter Goldberger, James H. Feldman, Jr. (Argued), Law Offices of Alan Ellis, Ardmore, PA, for Appellant. 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. 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." 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. See Free Details & Reputation Profile for Arthur Knobloch (62) in Phoenix, AZ. at 1776) (internal quotation marks omitted). 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. at 75-76. Search by Name, Phone, Address, or Email. 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. Finally, he asserts that the court misapplied the Sentencing Guidelines by impermissibly enhancing his sentence for possession of a dangerous weapon. 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." at 47-48. Two of the government's objections are relevant to this appeal. 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. 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. Patricia Knobloch, 66. 2D1.1(b) (1). Both offenses were committed on the same day and involve the same drug. Second, the government argued for another two-level enhancement under U.S.S.G. Using photographs from 1939, 1959, 1969 and 1992, along with tree cores, they estimated the minimum . No relevant theory of prejudice has been advanced in the briefing before us. 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. Moreover, the record demonstrates that counsel was afforded ample opportunity after the prosecutor's response to say anything she wished about that testimony. Paul Knobloch and Jason Smith initiated a marijuana trafficking operation. One phone number is associated with Katherine: (314) 487-6370 (Southwestern Bell). Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. 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. P. 52(b); 18 U.S.C. 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. 1996), the court affirmed an enhancement for possession of a knife and a silencer along with a sentence under section 924(c). Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. 1913, 1915, 123 L.Ed.2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. Kimmons also received a 924(c) sentence and a 2K2.4 enhancement because he had armed both himself and his accomplice in a robbery. At one point, Knobloch sold Davis a bag of steroids. He was also preceded in death by his sister, Jacklyn Nelson. 1584, 1592, 71 L.Ed.2d 816 (1982)). Paul Knobloch challenges his judgment of conviction and sentence on three grounds. Once confirmed with the college sports information departments and listed on a 2021-22 roster (not on a 2020-21 roster), they will be added. 1995), the court also addressed a double counting argument--not an asserted violation of Application Note 2. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. The majority and I agree that Knobloch is correct on this point. Copyright 2023, Thomson Reuters. 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. Costume Design Christie Milton. The error committed by the district court in this case certainly was not clear or obvious. 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. 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. Resides in Beaver Falls, PA. Stinson v. United States, 508 U.S. 36, 38, 113 S. Ct. 1913, 1915, 123 L. Ed. at 76 (emphasis supplied). Zestimate Home Value: $26,800. 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. Organization Additional Info; Big T Driving Range & Minature Golf: Industry . 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. A moment later, however, the court incorrectly described the elements of this crime. 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. 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. The company's principal address is 8480 Peach St Erie, Erie PA-16. Although philosophically I may agree that this should be the rule, the language of the guidelines and the case law are to the contrary. ADVANTAGE NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27, 1999. See Fed. The court was clearly entitled to understand from her argument that she felt she knew enough about Davis's testimony at Smith's trial to make a representation to the court concerning its content. Although the court quoted Application Note 2, see id. Paul Knobloch After Winning the 2010 NPC Natural Northern USA Masters Overall! He is the one that is there when it's unloaded. Share Obituary: Thomas A. Knobloch. 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. 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." He was born in Erie on December 10, 1934, to the . ), cert. Address Search For Sale For Rent Foreclosures. Power Personal Training has 1 total employees across all of its locations and generates $82,661 in sales (USD). 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. at 372. at 2, and the Government never even mentioned "plain error" in connection with its argument on this issue. 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. Section 2K2.4of 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. First, it requested a two-level enhancement under U.S.S.G. J.A. at 14-15. 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. 1770, 1776, 123 L.Ed.2d 508 (1993). St. Paul 1617 Walnut Street Erie, PA 16502-1790 Phone: (814) 459-3173 Click here to send email. 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. Id. 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. 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. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. 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. All contact info about Paul D Knobloch, 53 from Erie, Pennsylvania - address, e-mail, phone, public records, etc at Clubset FOR FREE . Australia Pacific LNG. 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. at 371 (quoting Application Note 2). P. 52(b); United States v. Olano, 507 U.S. 725, 732, 113 S. Ct. 1770, 1776, 123 L. Ed. 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. 1B1.3, Application Note 9(B). 924(c) and U.S.S.G. 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. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. The Government explicitly and unequivocally conceded in its brief that Knobloch properly preserved this issue for appeal. . 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. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. We agree with the government, however, that this error did not affect Knobloch's substantial rights. 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). 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 court accepted Knobloch's plea. 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. Search the most complete Knobloch Place, real estate listings for sale. 1995). 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 14-15. 2D1.1(b)(1). 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. 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." Neighbors, Property Information, Public and Historical records. A moment later, however, the court incorrectly described the elements of this crime. 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. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. 2K2.4(a), the district court imposed a mandatory five-year sentence--consecutive to the sentence for the drug offenses--on Count 5 for using and carrying the Glock 19 during and in relation to Knobloch's sale of steroids to Davis. The error committed by the district court in this case certainly was not clear or obvious. Paul Knobloch challenges his judgment of conviction and sentence on three grounds. 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. The email address cannot be subscribed. 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And I agree that Knobloch properly preserved this issue for appeal paul knobloch erie, pa was!
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