Whether mandamus review on issue of first impression should have been applied to claim that was created by way of intervening change of First Step Act law and facts, which altered and plain error standard of review

QUESTION PRESENTED WHETHER MANDAMUS REVIEW ON ISSUE OF FIRST IMPRESSION SHOULD HAVE BEEN APPLIED TO CLAIM THAT WAS CREATED BY WAY OF INTERVENING CHANGE OF FIRST STEP ACT LAW AND FACTS, WHICH ALTERED AND PLAIN ERROR STANDARD OF REVIEW. WHETHER THE CIRCUIT SPLIT GOVERNING WHETHER INCHOATE CONSPIRACY CRIMES CAN CONSTITUTE A DRUG OFFENSE REQUIRED TO TRIGGER U-S.S.G. § 4B1.2(b), THE CAREER OFFENDER STATUTE (i) a