Defendant, Roy Stephen Recla, appeals the sentence of the district court imposed following his plea of guilty to one count of intentionally and unlawfully conspiring to distribute and to possess with intent to distribute oxycodone in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(C). Recla contends that, in imposing sentence, the district court improperly considered the possibility that his sentence would be reduced by a future Rule 35(b) motion. Recla also argues that his sentence is procedurally unreasonable because the district court failed to consider his argument that the court should reduce his sentence to account for the time he spent in state custody. Finally, Recla asserts that his sentence is "too severe" and, thus, substantively unreasonable because his sentence would have been lower had the district court properly evaluated his arguments. For the reasons set forth below, we VACATE Reclas sentence and REMAND for resentencing.
