Saeteurn

MEMORANDUM *

Kao Chieo Saeteurn appeals from his conviction, after a jury trial, on two counts of distributing cocaine in violation of 21 U.S.C. § 841 (a)(1). Saeteurn alleges that he suffered manifest prejudice from the district court’s decision to try the cocaine charges along with a separate charge for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). See Fed.R.Crim.P. 14 (providing that “the court may order an election or separate trials of counts” if “it appears that a defendant ... is prejudiced by joinder of offenses”). Saeteurn also alleges that the district court made a plain error in permitting testimony from Saeteurn’s girlfriend, Elis Martinez, because it was propensity evidence prohibited by Fed.R.Evid. 404(b).

Saeteurn cannot demonstrate that he suffered “clear, manifest, or undue prejudice” from the district court’s refusal to sever the felon-in-possession count from the drug distribution counts. United States v. VonWillie, 59 F.3d 922, 930 (9th Cir.1995). First, the evidence supporting the convictions is “overwhelming.” Id. Saeteurn sold cocaine to the confidential informant while under surveillance by police officers, who had…