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 FOR?

WHETHER THIS COURT MUST ISSUE A WRIT OF MANDAMUS TO ENFORCE THE PETITIONER'S RIGHT TO DUE PROCESS —TO BE FOUND GUILTY ONLY ON PROOF BEYOND A REASONABLE DOUBT WITH THE ESSENTIAL FACTS THAT SATISFY THE ELEMENTS OF THE OFFENSE —AND NOT ON A GUILTY PLEA THAT CONTAINED AN INSUFFICIENT FACTUAL BASIS AND THE CHARGING INSTRUMENT BEING A MULTIPLICITOUS OFFENSE FOR WHICH THERE IS NO EXISTING PENALTY?

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