THE CIRCUIT COURT SHOULD HAVE GRANTED MOTION TO RECALL MANDATE BECAUSE THE COURT ERRED IN THEIR PREVIOUS CONSTRUCTION OF THE STATUTE IN THE UNITED STATES V. CLARK, 435 F. 3d 1100 WHEN IT DETERMINED THAT IT APPLIED TO APPELLANT Mr. TRAN, WHICH IS AN ERROR THAT NEEDS TO BE CORRECTED DUE TO DISTRICT COURT'S LACK OF SUBJECT MATTER JURISDICTION OVER Mr. TRAN WHICH CONSTITUTES A MISCARRIAGE OF JUSTICE OR AN INJUSTICE?

whether-the-court-erred-in-its-previous-construction-of-the-statute