4th and 9 at A40, the snap goes over the punter and before he can pick it up B34 kicks the ball at A28 and it goes out of bounds at A23. We have a flag at the spot of the illegal kick and enforced the 15 yd penalty from there, repeat 4th down from A43. Should the penalty been enforced from the previous spot giving A 1st down? does the Three and one apply here?