From yesterday's decision by Judge Trevor McFadden (D.D.C.) in U.S. v. Cudd:
Jenny Cudd moves to alter the Court's judgment against her denying her the right to possess a firearm while on supervision. A restriction on the right to possess a firearm is a discretionary condition of probation, not a mandatory one. See 18 U.S.C. § 3563(b). A discretionary condition can only be imposed by the Court "to the extent that such conditions are reasonably related to the factors set forth in section 3553(a)(1) and (a)(2) and to the extent that such conditions involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2)."
Cudd contends that because she has a nonviolent misdemeanor conviction, the firearms restriction is not reasonably related to her conviction. More, Cudd maintains she has been threatened for her role in the Capitol on January 6 and needs a weapon to defend herself.
The Government opposes the motion. It argues this condition of supervision is reasonably related to "the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the office, and the need for the sentence imposed to afford adequate deterrence to criminal conduct." The Government describes Cudd as courting violence. It highlights that she wore a bulletproof sweatshirt to the Capitol, knew law enforcement was pepper spraying rioters, and yet continued into the building.
