Whether the Second Circuit correctly held that it is permissible to upwardly depart for the severity of the underlying offense when a defendant has already received an enhancement for that offense

QUESTION PRESENTED Whether the Second Circuit, disagreeing with the Seventh Circuit, correctly held that it is permissible in sentencing a defendant for a firearms offense to upwardly depart under U.S.S.G. § 5K2.6 for the severity of the underlying offense, when a defendant has already received a 4level enhancement under § 2K2.1(b)(6)(B) for that underlying offense, given that § 2K2.1(c) expressly provides that these are alternative and not cumulative sentencing calculations. 2