The Honorable John B. Jones, United States District Judge for 1

the District of South Dakota, sitting by designation.

 The Honorable Donald J. Stohr, United States District Judge 2

for the Eastern District of Missouri.

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No. 96-1728

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United States of America, *

*

Plaintiff/Appellee, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Antwain D. Smith, *

* [UNPUBLISHED]

Defendant/Appellant. *

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Submitted: January 14, 1997

Filed: February 25, 1997

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Before BOWMAN and MURPHY, Circuit Judges, and JONES, District Judge. 1

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PER CURIAM.

Antwain Smith was convicted of two counts of illegal firearm

possession and sentenced to 138 months in prison. Smith appeals his

conviction, claiming that the district court erred by denying his motion 2

for a severance and by enhancing his sentence by four levels under

Sentencing Guidelines § 2K2.1(b)(5) for possessing a firearm in connection

with the felony of possession with the intent to deliver an imitation

controlled substance. We affirm.
 Smith has not shown that the district court clearly erred in 3

admitting this evidence in light of the defense offered at trial.

2

Smith was charged in one indictment with three counts involving

firearms and ammunition. Count I charged Smith with being a felon

knowingly in possession of a nine millimeter pistol in violation of 18

U.S.C. §§ 922(g), 924(a)(2); count II charged knowing possession of a

sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d), 5871; and count III

charged felon knowingly in possession of ammunition in violation of 18

U.S.C. § 922(g)(1). Smith's motion to sever was denied, and the counts

were tried together. A jury found him guilty on counts I and II, and not

guilty on count III.

 Joinder of charges is permitted if they are of the same or similar

character. Fed. R. Crim. P. 8(a). They must involve the same types of

offenses committed over a relatively short period of time and the evidence

for each count must overlap. United States v. Lindsey, 782 F.2d 116, 117

(8th Cir. 1986). We review joinder de novo. United States v. Rodgers, 732

F.2d 625, 628 (8th Cir. 1984). Here the offenses involved illegal

possession of firearms and ammunition, and they occurred within a ten month

period which is within the range of time foreseen by the rule. See Id. at

629-30 (permitting joinder of offenses that were twenty months apart). The

evidence also overlapped. Evidence of two state firearm felony convictions

and a state conviction for the sale of crack cocaine was admitted to prove

the necessary element of a prior felony for counts I and III and to show

knowing possession for all counts.3

A court may order separate trials if the joinder of offenses

prejudices a defendant. Fed. R. Crim. P. 14. Smith sought to sever all

counts. The burden is on the defendant to make a "persuasive and detailed

showing regarding the testimony he would 
3

give on the count he wishes severed and the reason he cannot testify on the

other counts." United States v. Possick, 849 F.2d 332, 338 (8th Cir.

1988). Smith did not meet this burden because he merely offered the

general statement that he did not want to testify regarding count III

because the testimony might be used by the state if it refiled murder

charges against him, but that he wanted to testify regarding counts I and

II. The district court did not abuse its discretion in denying Smith's

severance motion. 

Smith challenges the sufficiency of the evidence supporting the four

level increase under Sentencing Guidelines § 2K2.1(b)(5) for possessing a

firearm in connection with a felony. He claims the government did not show

he intended to deliver an imitation controlled substance or that his

possession of the gun was related to the imitation drugs. A sentence

enhancement may be based on facts proved only by a preponderance of the

evidence. See United States v. Watts, 117 S. Ct. 633, 637 & n.2 (1997).

The jury concluded that Smith possessed a sawed-off shotgun and a police

officer testified in the sentencing hearing that Smith had imitation

cocaine at the time. There was also testimony that Smith and members of

his gang had sold cocaine and that it was common for drug dealers to sell

imitation drugs. It could be inferred that as an experienced cocaine

handler and dealer, Smith would not have held imitation cocaine for his own

consumption, but rather intended to deliver it. Further, the possession

of the firearm along with drugs is evidence of an intent to deliver. See

United States v. White, 81 F.3d 80, 82 (8th Cir. 1996). There was

sufficient evidence to support the district court's findings and the four

level enhancement.

The judgment is affirmed.
4

A true copy.

Attest:

 CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.