United States v. Kurt Frederick Knoneberg, 972 F.2d 343 (4th Cir. 1992). · Go Syfert
United States v. Kurt Frederick Knoneberg, 972 F.2d 343 (4th Cir. 1992). Cases Citing This Book View Copy Cite
43 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Diana Shipping Services, S.A. (vaed, 2013-12-02)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see" United States v. Diana Shipping Services, S.A.
E.D. Va. · 2013 · signal: see · confidence high
See Jameson, 972 F.2d 343 , 1992 WL 180146 , at *9-10 (indicating that because the false statements at issue related to the defendant’s assets and liabilities as of the date the statements were made, counts charging the defendant with making false statements in 1987, and separate counts charging the defendant with again making the same false statements in 1988, were not multiplicitous because the government could not obtain a conviction on the latter counts without proving “the additional fact that these debts were still owed and property was [still] owned” in 1988).
discussed Cited "see, e.g." State v. Clyburn
N.C. Ct. App. · 1995 · signal: see also · confidence low
See also U.S. v. Rodriquez, 750 F. Supp. 1272, aff’d., subnom., U.S. v. Rodriquez-Morales, 972 F.2d 343 (4th Cir. 1992) (holding that the officer had reasonable belief that the occupants of the vehicle were armed, where the officer knew that drug dealers are frequently armed, and therefore, frisk of the vehicle was permissible).
discussed Cited "see, e.g." United States v. Clark
W.D.N.Y. · 1993 · signal: see, e.g. · confidence low
See, e.g., United States v. Rodriguez, 750 F.Supp. 1272, 1275 (W.D.N.C.1990), aff'd, 972 F.2d 343 (4th Cir.1992) (court held officer’s conduct improper where the officer reached directly into the defendant’s pocket “knowing full well that no weapon was there ... [the officer] believed the lump [in defendant’s pocket] to be cocaine and intended to retrieve it” — cocaine admissible, however, as it would have been inevitably seized following defendant’s valid warrantless arrest); United States v. Rivera, 738 F.Supp. 1208 (N.D.Ind. 1990) (motion to suppress granted where officer reac…
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United States
v.
Kurt Frederick Knoneberg
92-5111.
Court of Appeals for the Fourth Circuit.
Aug 10, 1992.
972 F.2d 343
Unpublished

972 F.2d 343

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Kurt Frederick KNONEBERG, Defendant-Appellant.

No. 92-5111.

United States Court of Appeals,
Fourth Circuit.

Submitted: June 17, 1992
Decided: August 10, 1992

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Chief District Judge. (CR-89-162-2)

Cheryl A. Wheeler, Elkins, West Virginia, for Appellant.

William A. Kolibash, United States Attorney, Lisa A. Grimes, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

N.D.W.Va.

Affirmed.

Before WILKINSON, WILKINS, and LUTTIG, Circuit Judges.

OPINION

PER CURIAM:

1

On January 15, 1991, a jury in the Northern District of West Virginia found appellant Kurt Frederick Knoneberg guilty on two counts: first, of conspiring to possess marijuana with intent to distribute it, in violation of 21 U.S.C. § 846; and second, of possessing marijuana with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). On January 31, 1992, the district court sentenced Knoneberg to forty-one (41) months of prison, and required him to pay a fine of one-thousand dollars ($1,000).

2

Knoneberg now appeals his convictions. He makes two arguments. First, Knoneberg contends that his lawyer performed so inadequately at trial that he deprived Knoneberg of his Sixth Amendment rights to effective assistance of counsel and to a fair trial. Second, Knoneberg contends that the evidence presented at trial was insufficient as a matter of law to support the jury's verdict.

3

It is not our practice to address claims of ineffective assistance of counsel on direct appeal, and we decline to do so here. Ordinarily, we require that appellant first assert such a claim in a collateral proceeding under 28 U.S.C. § 2255, so that the trial court can develop a more complete evidentiary record with regard to counsel's performance. United States v. Tatum, 943 F.2d 370, 379 (4th Cir. 1991); United States v. Grandison, 783 F.2d 1152, 1156-57 (4th Cir. 1986); United States v. Percy, 765 F.2d 1199, 1205 (4th Cir. 1985); United States v. Mandello, 426 F.2d 1021, 1022-23 (4th Cir. 1970). There is no reason here to depart from this customary practice, because this is not a case where ineffectiveness is apparent from the trial record itself. See Grandison, 783 F.2d at 1156-57.

4

As to appellant's second argument, we have reviewed the record and conclude that there was sufficient evidence presented at trial to support his convictions. The judgment of the district court is therefore

5

AFFIRMED.