United States v. Webb

Defendant was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g), and sentenced to 80 months' imprisonment. At issue was whether the enhancement defendant received for possession of a firearm under U.S.S.G. 2D1.1(b)(1), which the district court applied based on the cross-reference provision in the guideline applicable to firearm offenses, constituted impermissible double counting. The court held that because defendant's guideline range for his drug possession was higher than his guideline range for possession of a firearm, the court properly applied the cross-reference provision in U.S.S.G. 2K2.1(c)(1)(A) and properly calculated defendant's sentencing range using section 2D1.1. Therefore, inclusion of the firearm enhancement under section 2D1.1(b)(1) did not constitute double counting and defendant's sentence was affirmed.