discussed Cited as authority (quoted) Studebaker v. Uribe on habeas review of a prisoner's challenge to a trial court's failure to sever trial of some counts in an indictment, we may only grant the writ if the joinder resulted in an unfair trial.

discussed Cited "see" United States v. Brooks See United States v. Jackson, 240 F.3d 1245, 1248 (10th Cir.), cert. denied, — U.S.-, 122 S.Ct. 112 , 151 L.Ed.2d 69 (2001); see also United States v. Jones, 235 F.3d 1231, 1235 (10th Cir.2000) (“A district court may not impose a sentence in excess of the maximum set forth in 21 U.S.C. § 841 (b)(1)(C) unless the benchmark quantity of cocaine base for an enhanced penalty is alleged in the indictment in addition to being submitted to the jury and proven beyond a reasonable doubt.”).