Whether this court must issue a writ of mandamus where a federal court lacked authority to sentence petitioner upon an offense for which Congress did not make criminal and for which the judge did not find a requisite set of facts constituting the necessary mens rea for the judge to pronounce a finding of guilt and impose sentence

QUESTIONS PRESENTED I. WHETHER THIS COURT MUST ISSUE A WRIT OF MANDAMUS WHERE A FEDERAL COURT LACKED AUTHORITY TO SENTENCE PETITIONER UPON AN OFFENSE FOR WHICH CONGRESS DID NOT MAKE CRIMINAL AND FOR WHICH THE JUDGE DID NOT FIND A REQUISITE SET OF FACTS CONSITITUTING THE NECESSARY MENS REA FOR THE JUDGE :TO PRONOUNCE A FINDING OF GUILT AND IMPOSE SENTENCE FOR? I. WHETHER THIS COURT MUST ISSUE A WRIT OF MANDAMUS TO ENFORCE THE THE PETITIONER'S RIGHT TO DUE PROCESS--TO BE FOUND GUILTY ONLY ON PROOF BEYOND A RESAONBALE DOUBT WITH THE ESSENTIAL FACTS THAT SATISFY THE ELEMENTS OF THE OFFENSE--AND NOT ON A GUILTY PLEA THAT CONTAINED AN ISUFFICIENT FACTUAL BASIS AND THE CHARGING INSTRUMENT BEING A MULTIPLICITOUS OFFENSE FOR WHICH THERE IS NO EXISTING PENALTY?