United States of v. Gilbert

ORDER

SCHLESINGER, District Judge.

This cause is before the Court on Defendant Robert Lee Gilbert’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to Title 28 U.S.C. § 2255 (Doc. No. 123) and the United States’ Response thereto (Doc. No. 126). In its response, the Government concedes that Defendant’s conviction and sentence under Count Three, imposed for carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924(c), should be vacated in light of the subsequent Supreme Court ruling in *1277Bailey v. United States, — U.S. -, 116 S.Ct.…