By Evelyn Norton

Today, in United States v. Seburn,  the Fourth Circuit affirmed the decision of the United States District Court for the Eastern District of North Carolina that found Dellonte Rashaun Seburn guilty of bank robbery.

Despite Seburn’s request for a reduced sentence, the district court sentenced Seburn to 132 months’ imprisonment. On appeal, Seburn filed a pro se supplemental brief arguing that the district court erred in failing to adequately consider his request for a reduced sentence based on his recent mental health diagnosis.

In reviewing the district court’s decision for reasonableness, the Fourth Circuit found no procedural or substantive sentencing error.  First, the district court correctly calculated Seburn’s advisory sentencing range as fifty-seven to seventy-one months’ imprisonment.  Second, the district court properly imposed an upward departure sentence of 132 months because of the inadequacy of Seburn’s criminal history category. The district court’s  calculations were in accordance with U.S. Sentencing Guidelines Manual §4A1.3(a).

Furthermore, the Fourth Circuit concluded that the district court did properly acknowledge Seburn’s mental health issues. However, the district court determined that a 132 months’ imprisonment was appropriate considering the seriousness of the offense, Seburn’s history and characteristics, and the need to protect the public.  Thus, the Fourth Circuit held that the district court did not err and affirmed Seburn’s conviction and sentence.

The Fourth Circuit required that counsel for Seburn inform him of the right to petition the Supreme Court of the United States for further review.

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