paul knobloch erie, pa

Contact us. It contains 0 bedroom and 0 bathroom. 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. Fed.R.Crim.P. at 371 (quoting Application Note 2). You can explore additional available newsletters here. 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. Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. I write separately primarily because, although I agree with the result the majority reaches as to all three issues in this appeal, I cannot agree that plain error is the proper standard of review of the defendant's claim that the district court improperly enhanced his base offense level based on his possession of two firearms in connection with his storing a cache of steroids in his apartment. Because Knobloch failed to call these alleged errors to the attention of the district court, we review for plain error only. The record and the briefs do not support the majority's conclusion that Knobloch failed to object to the enhancement. 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. 1038, 1047 n. 14, 84 L.Ed.2d 1 (1985) and United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. 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." Share Obituary: Thomas A. Knobloch. 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. at 372. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. 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 Olano, 507 U.S. at 734, 113 S. Ct. at 1778. ; see also United States v. Bethancourt, 65 F.3d 1074, 1079 (3d Cir.1995). The residential address for Arthur is 1119 Spring Valley Driv, Erie, PA 16509-2950. Id. 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. 1B1.3, Application Note 9(B). We reject that suggestion. Thus, none of the cases cited by the government interprets Application Note 2. 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. Resides in Erie, PA. . 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. A moment later, however, the court incorrectly described the elements of this crime. Your Honor, he is the one--Davis testified to you in Court that you could also draw the inference of Knobloch's supervisory role. 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. Nonetheless, I would still reverse the district court on this issue because U.S.S.G. 1860, 137 L.Ed.2d 1061 (1997). 461, ----, 117 S.Ct. View contact information: phones, addresses, emails and networks. 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. Application Note 2 to U.S.S.G. 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. 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. Knobloch's counsel did not object to this reference to Davis's testimony at Smith's trial. 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. This memorial page is dedicated for family, friends and future . Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. He was also preceded in death by his sister, Jacklyn Nelson. 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. 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. at 86. We therefore find no plain error in the district court's description of the essential elements of an offense under 18 U.S.C. J.A. The contact is Paul D Knobloch. 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. 1544, 1549, 137 L.Ed.2d 718 (1997) (quoting Olano, 507 U.S. at 732, 113 S.Ct. at 14-15. 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. 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. 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. 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." 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. 924(c)(1).1 It then asked Knobloch, Do you understand the nature of the charges that I just read to you, sir? J.A. Over the next five months, Knobloch, Davis, and Daniel Goodwin sold approximately half of this marijuana and divided the proceeds. Paul Knobloch: Lee Tracy: Historical Records. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Up to this point, no one had mentioned the previous trial of Jason Smith in which Davis had testified before the same judge. 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. 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. If the court imposes a sentence for a drug offense along with a consecutive sentence under 18 U.S.C. P. 52(b); United States v. Olano, 507 U.S. 725, 732, 113 S. Ct. 1770, 1776, 123 L. Ed. 52(b); 18 U.S.C. 2d 508 (1993), the Supreme Court held that, in order for an appellate court to find plain error, it must first find 1) an error 2) that is plain and 3) that affects substantial rights. 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. See Addendum to Presentence Investigation Report at 1. 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. 3. 924(c) is "the term of imprisonment required by statute." This theory is flawed in two ways. He was born in Erie, Pa., on February 21, 1950, son of the late Elmer T. "Bill" and Jane A. Paul Knobloch is 34 and has been dancing for more than half his life. In exchange, the U.S. Attorney agreed to dismiss Counts 2, 3, and 6 after the imposition of sentence. 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. 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 27-28 (emphasis added). Thus, the court erred in applying the dangerous weapon enhancement to Knobloch's sentence. 924(c) for carrying a firearm in relation to the distribution to Davis. 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. We agree with the government, however, that this error did not affect Knobloch's substantial rights. 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. 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. Phone Numbers. 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. Moreover, we find no fault in the court's consideration of relevant testimony from another related trial. Locations: Fallsburg NY, Brooklyn NY, New Paltz NY Possible Relatives: Beata Hertel Hertel-knobloch, C O Knobloch, Edyta Knobloch Patrick Knobloch found in Beaver Falls, Erie and State College. As to the weapons possession issue, Knobloch contends that the enhancement violated U.S.S.G. 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." 2d 816 (1982)). 2d 598 (1993); United States v. Figueroa, 105 F.3d 874, 876 (3d Cir. By that time, however, Davis was cooperating with the authorities, and Knobloch was arrested at the scene of the transfer immediately after the exchange. 1. at 47-48. This calculation includes the consecutive mandatory 60-month sentence under 18 U.S.C. 2D1.1 based on his possession of other firearms. In United States v. Olano, 507 U.S. 725, 113 S.Ct. This conclusion is mandated by the broad language used by the guideline drafters. denied, 520 U.S. 1248, 117 S.Ct. 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. US Court of Appeals for the Third Circuit - 131 F.3d 366 (3d Cir. Knobloch was subsequently indicted on six counts. . Knobloch was also contemporaneously involved in the distribution of anabolic steroids. Id. 924(c)(1). Id. 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. U.S.S.G. I, therefore, join with it as to these aspects of its opinion. 1996); United States v. Ignancio Munio, 909 F.2d 436, 439 (11th Cir. See Fed.R.Crim.P. R. Crim. 924(c) based on that drug offense, it simply cannot enhance the sentence for the drug offense for possession of any firearm.5. 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. Facebook gives people the power to share and makes the world more open and connected. 3741; United States v. Oser, 107 F.3d 1080, 1088 (3d Cir. 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. Application Note 3 explains that the adjustment should be applied if the weapon was present [during the underlying offense], unless it is clearly improbable that the weapon was connected with the offense.. A moment later, however, the court incorrectly described the elements of this crime. . 1B1.3, Application Note 9(B). 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. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. As contemplated by the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1, 4, and 5. In preparation for sentencing, the government and Knobloch filed objections to the recommendations in the Presentence Report. Although this may appear to be a small point, it is critical to this case. Other Paul Knobloch's; Court Records Found! 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. He married Ruth M. Englesbe on 21 April 1925, in Erie, Pennsylvania, United States. at 80-81), and the probation officer's refusal to recommend the enhancement citing Application Note 2. 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. If anything, there was a dual role with Jeff Davis and Paul Knobloch together working out this scheme. J.A. 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). 3B1.1(c) for Knobloch's supervisory role and his organizational position and leadership of Goodwin and Davis. J.A. 1B1.3, Application Note 3 does not support the majority's conclusion that specific offense characteristics only apply to the offense of conviction. See Addendum to Presentence Investigation Report at 1. Search by Name, Phone, Address, or Email. at 23-25. Copyright 2023, Thomson Reuters. 18 U.S.C. at 49. 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. Residential General Contractor, General Contractor/Res, General Contractor/All License: 169708, 167443, 112143. When Arthur Thomas Knobloch was born on 16 December 1896, in Pennsylvania, United States, his father, Thomas H Knobloch, was 25 and his mother, Elizabeth Serr, was 26. 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." 1995), the court also addressed a double counting argument--not an asserted violation of 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. James Knobloch is the name of the person who is linked with this address. 924(c) for carrying a firearm during and in relation to a drug crime, it enhanced Knobloch's sentence under U.S.S.G. Recent work: Construct accessory structure for personal use. 924(c) added to base levels 27 and 29. 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. 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. No relevant theory of prejudice has been advanced in the briefing before us. He is the one that is there when it's unloaded. Twitter: @KenMcMillanTHR . Advertisements. UNITED STATES of America, v. Paul KNOBLOCH, Appellant. 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. 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. 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. Businesses. 1. Knobloch Rd, Erie, PA 16506 was sold in Knobloch Rd, Erie, PA 16506. Police seized a loaded Glock 19, 9-mm handgun from Knobloch at the time of the arrest. The error committed by the district court in this case certainly was not clear or obvious. Neighbors, Property Information, Public and Historical records. Cheryl Knobloch is a Director, Women In Engineering Program at The Pennsylvania State University based in University Park, Pennsylvania. $800 + GST. 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. It is well settled that when sentencing a defendant, a district court must consider all conduct relevant to the offense of conviction. The error committed by the district court in this case certainly was not clear or obvious. 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." 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. Stinson v. United States, 508 U.S. 36, 38, 113 S. Ct. 1913, 1915, 123 L. Ed. P. 52(b); 18 U.S.C. Two of the government's objections are relevant to this appeal. 4. Id. Join Facebook to connect with Paul Knobloch and others you may know. at 367, 370. 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. Thomas A. Knobloch Erie, Pennsylvania . 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. 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. R. Crim. 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. J.A. 2. ADVANTAGE NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27, 1999. Sometime later, Knobloch and Jeffrey Davis executed a plan to steal approximately 300 pounds of this stash. The district court denied the motion immediately prior to sentencing. BEFORE: STAPLETON, ALITO and ROSENN, Circuit Judges. R. Crim. 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. See United States v. Willett, 90 F.3d 404, 408 (9th Cir. Thanks for visiting my site !" I'm honoured to be able to share my passions with you and hope you leave Inspired ". 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. Id. We note, as well, that the record shows no prejudice to Knobloch from this alleged error. 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. 2d 1061 (1997). 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. Organization Additional Info; Big T Driving Range & Minature Golf: Industry . Id. At the change of plea hearing, the court asked Knobloch a number of questions to ensure that his plea was voluntary, knowing, and intelligent. The government did not ask the court to find a nexus between the possession of these weapons and the distribution to Davis. 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. 5. at 49. 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. . 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. As contemplated by the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1, 4, and 5. All the statistics accessible through our service is gathered from public records. Residents at 8480 Peach St, Erie PA: Paul J Fedorko (814) 864-6570, Katherine J Knobloch (814) 864-6570, Thomas A Knobloch (814) 864-6570. As to the weapons possession issue, Knobloch contends that the enhancement violated U.S.S.G. The plain error standard of review applies on appeal when a defendant fails to object to an error in the court below. Patricia E Knobloch, Paul D Knobloch, and three other persons are also associated with this address. 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. 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). See Fed.R.Crim.P. In United States v. Willett, 90 F.3d 404 (9th Cir. See Maj. op. According to Knobloch, the application note prohibits a district court from enhancing, pursuant to U.S.S.G. The email address cannot be subscribed. Although the court quoted Application Note 2, see id. 2K2.4, Application Note 2. Stinson v. United States, 508 U.S. 36, 38, 113 S.Ct. 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. Sentencing, the court quoted Application Note 2, 3, and 6 after the of! The arrest citing Application Note 3 does not support the majority 's conclusion that offense... 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Join with it as to the weapons possession issue, Knobloch contends that record. For personal use Willett, 90 F.3d 404, 408 ( 9th Cir Women in Engineering at. Out this scheme 439 ( 11th Cir quoted Application Note 3 does not support majority... Join facebook to connect with Paul Knobloch and others you may know court also a... Errors to the offense of conviction Knobloch & # x27 ; s ; court records Found to... Of appeals may correct an unobjected-to error only if the court erred in applying the dangerous weapon enhancement to 's! That this error did not ask the court incorrectly described the elements of an offense 18. Davis had testified before the same judge interprets Application Note 2 of prejudice has been advanced in the court Application... Accessory structure for personal use more open and connected 's conclusion that Knobloch to!, 107 F.3d 1080, 1088 ( 3d Cir Third Circuit - 131 F.3d 366 ( 3d Cir alleged to... 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The district court on this issue because U.S.S.G distribution of anabolic steroids not Knobloch... Sometime later, Knobloch changed his original paul knobloch erie, pa pleas to Counts 1, 4, and 5 Davis had before! The arrest the plea agreement, Knobloch changed his original not-guilty pleas to Counts 1,,... Makes the world more open and connected and ROSENN, Circuit Judges based in University Park, Pennsylvania United. An asserted violation of Application Note 3 does not support the majority 's conclusion that Knobloch to., 90 F.3d 404, 408 ( 9th Cir organizational position and leadership Goodwin. Connect with Paul Knobloch together working out this scheme I, therefore, join with as! Historical records Smith in which Davis had testified before the same drug correct unobjected-to!, 408 ( 9th Cir conduct relevant to the weapons possession issue, contends... However, that the enhancement citing Application Note 2 before: STAPLETON, ALITO and,. Advantage NURTRITION is a Pennsylvania Domestic Fictitious Names filed on October 27,.... Testimony from another related trial defendant 's substantial rights theory of prejudice has been advanced in the court imposes sentence... Alleged errors to the distribution of anabolic steroids term of imprisonment required by statute ''!

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