Whether the lower court erred in its application of the test for standing under Article III of the U.S. Constitution

No question identified. : QUESTIONS ; (1) Whereas can a Court of Appeals implicate a statement by the Middle District Court on assumption to rectify the Statement? : (2)Whereas does the fifth Amendment Due process of Law allow Courts to change decisions to deny Petitions. (3) Whereas When the District Court dismissed an indictment without Prejudice, and re-indict the Petitioner in 2011 under a new act ( Fair Sentencing Act) and sentenced the Petitioner under a new sentencing Guildline enhancement §2D1.1(B)(12) that didnot exist during the alleged Covered Offence in 2007, Does this create an Ex Post Facto Problem. (1) ,