United States v. Reginald Webb, 665 F.3d 1380

Webb, a felon, was convicted of being a felon in possession of a firearm and sentenced to 80 months.
The district court calculated Webb’s guidelines range under § 2K2.1, applying a 4-level enhancement for possession of a firearm in connection with a drug offense.
The cross-reference § 2K2.1(c)(1)(A) directed using § 2X1.1 and the greater offense level, which led to evaluating § 2D1.1 as the substantive guideline.
Under § 2D1.1, Webb’s base level for the drug offense was 26, with a two-level firearm enhancement, yielding an adjusted level of 28.
Because the § 2D1.1 calculation exceeded § 2K2.1, the court used § 2D1.1 to determine the sentence, resulting in a 70–87 month range after acceptance of responsibility.
Webb challenged the firearm enhancement under § 2D1.1(b)(1) as impermissible double counting; the district court overruled, and Webb appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 2D1.1(b)(1) constitutes double counting	Webb argues double counting since firearm possession is already considered	Webb contends § 2D1.1(b)(1) overlaps with cross-reference	Not double counting; cross-reference permits combined consideration under § 2D1.1

United States v. Lebovitz, 401 F.3d 1263 (11th Cir. 2005) (double counting reviewed de novo; respect for guideline structure)
United States v. Dudley, 463 F.3d 1221 (11th Cir. 2006) (double counting permissible when guidelines contemplate separate notions)
United States v. Kapordelis, 569 F.3d 1291 (11th Cir. 2009) (presumes cumulative application absent contrary directive)
United States v. Perez, 366 F.3d 1178 (11th Cir. 2004) (explanation of purposeful inclusion/exclusion in guidelines)
United States v. Brown, 332 F.3d 1341 (11th Cir. 2003) (support for avoiding double counting in § 2K2.1)