United States v. Lyle Robert Paton

BRIGHT, Circuit Judge.

Lyle Robert Patón appeals his conviction for possession of materials involving the use of minors in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(4)(B). We reject Paton’s arguments that this conviction is *564barred by a previous plea agreement and the Ex Post Facto clause. We remand, however, for resentencing in light of Koon v. United States, — U.S. -, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996).

BACKGROUND

' In December 1982, Patón was arrested and indicted for using the United States mail to transmit obscene material in violation of 18 U.S.C. § 1461, using…