1. Can one be sentenced for a crime to which no plea of guilty has been entered and no trial resulting in a conviction has been held?

2. Will this Court under the First Amendment and Fifth Amendment for Due Process "make an independent Constitutional judgment on the facts of the case as to whether the material involved is constitutionally protected." Jacobellis v. Ohio, 378 U.S. 184 (1964) when a defendant accused of violating 18 U.S.C.S. 2256(a) and (e) during a Fed. R. Crim. P. 11 plea proceeding admits for a factual basis only "that there was a picture of full body unclothed" and the district judge considers the admission to constitute a lascivious exhibition of the genitals or pubic area? when during the plea proceeding the government never elaborated on what made the "picture of full body unclothed" lascivious. There is no indication the district judge ever viewed the depiction, nor is any picture described, characterized or even mentioned in the indictment.

3. Is defense counsel ineffective when he leads a defendant accused of 18 U.S.C.S. 2256 (a) and (e) into a plea proceeding under the premise that sexually explicit conduct "would be the purpose of sexual lascivious exhibition of the genitals or pubic area" as defined in the statute open court at the plea? Is he ineffective for not objecting to the shortcomings and errors during the plea proceeding?, and was he ineffective on direct appeal as to these issues?

Can one be sentenced for a crime to which no plea of guilty has been entered and no actual resulting conviction has been held?