Whether the Eighth Circuit Court of Appeals abused its discretion in refusing to recall the mandate on the direct appeal to prevent a miscarriage of justice?

QUESTION(S) PRESENTED I. WHETHER THE EIGHTH CIRCUIT COURT OF APPEALS ABUSED ITS DISCRETION IN me REFUSING TO RECALL THE MANDATE ON THE DIRECT APPEAL TO PREVENT A MISCARRIAGE OF JUSTICE? (A). The Eighth Circuit previotsly made the factual determination that G Goolsby if factually Innocent of the "Mandatory" Sentencing Guidelines "Official" Victim enhancement. (B). The United States Sentencing Guidelines reduced the Sentencing G Guideline for the offense which Goolsby was convicted in a Retroactive Amendment, amounts to a unforeseen contingency. (C). The United States District Court has tried to give Goolsby every ie) benefit of the reductions to reduce the "Maridatory" Guideline x Life Sentence, but cannot do so in a 18 U.S.C. §3582(c)(2) proceeding under DILLION V. UNITED STATES, 560 U.S. 817 (2010) fordidding Courts from correcting misapplication of Guidelines in a §3582 . proceedings. (D). This matter presents a unique or exceptional circumstance warranting ; a recall of the mandate, where Goolsby is serving a "IIFE" term 7 : 4 in prison, with no remedy to have the illegal enhancement removed, . so that the District Court could exercise its discretion to reduce , the term of imprisonment to not less than 360 months, except the ; Court recall the mandate for the ministeral function of removing ° the illegal enhancement. .