Whether the Eleventh Circuit erred in upholding the district court's enhancement of the defendant's sentence under U.S.S.G. § 2K2.1 based on an expired enabling statute

QUESTIONS PRESENTED 1. Whether it was error for the Eleventh Circuit to uphold the district court’s enhancement of Defendant’s sentence under a provision of U.S.8.G. § 2K2.1 where the enhancement was based upon an enabling statute that lapsed and was no longer enforceable as a matter of law. 2. Whether it was error for the Eleventh Circuit to uphold the district court’s strict application of the exclusion language in comment 2 of U.S.S.G. § 2K2.1 rendering the guidelines as mandatory, instead of advisory.