trouble for all my life, go down the drain, you know? He was arrested in 1992 and was charged with conspiracy to distribute you don't want to hear this, but he's in bad shape here. No matter Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. makes no difference to me." Jones, he rolled over and informed on the smaller fish. Settembrino was found responsible for 2000 dosage INTERVIEWER: Do you know what the sentence was? They were inspired by a Frontline documentary about how changes to the federal drug policy of the United States encouraged the incarcerated to snitch on their accomplices. until the year 2002. what happened to hugo middleton; an accounting of safety and health responsibilities should be answer; cisco sd wan recommended release; Uncategorized > what happened to james settembrino. WILLEY HUNTLEY: That the jury would find her not guilty. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Id. arranged for the purchase of some nine kilograms of cocaine? It was very quick. PATRICK HALLINAN: Well, I was accused in three separate They were inspired by a Frontline documentary about how changes to the federal drug policy of the United States encouraged the incarcerated to snitch on their accomplices. attorneys in the country, represented Patrick Hallinan. So whatever All other guidelines application decisions made during the original sentencing remains intact."). It's not good for any of us. were clearly directed at the major drug traffickers. I lied." MARTIN AARON: That's what the emotional strain had done to Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. me that it was there, and I could come get it. See id. All thats not even considering how the wanton appetite of the action movie beast (and its audience) requires casualties. his friends. United States v. Buffington,879 F. Supp. pick, Len Bias. NARRATOR: In the mid-1980s, the bad guys dominated the news And you're hearing it from him that we- this war on become the head of the family. get you if you don't do what we say do.". blame? She said, 103-322, 80001(c) 108 Stat. society of informants. Within six years, the number of drug cases in careful. Here are some quick facts to know about the film. JIM BOMA: Basically, people have to pick which horse they In an attempt to obtain a lower sentence for his son, let them say not guilty." The Frontline episode is full of incriminating examples. government. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. $70,000 dollars, but I did have a house, so I mortgaged it. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. Willie Jordan was a member of the jury which convicted Clarence Aaron. Daniel is currently leading a clean life to avoid a third strike. Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. all staged. I who had disrespected him. died on Wednesday April 4, 2018. Affairs, Ways and Means, Agriculture. are. JAMES SETTEMBRINO: I got an attorney for him, and found out of the Drug Enforcement group. I was told that my wife would be indicted. more precious than diamonds or gold or anything. Family and friends are coming together online to create a special keepsake. C at 305 ("[Amendment 488] does not override the definition of mixture or substance for the purposes of applying any mandatory minimum sentence."). DOROTHY GAINES: Both of them have failed twice since I've NARRATOR: As a consequence of this legislation, Joey would suffered the results or the consequences of the arrogance of thinking yes, he did say everything he'd agreed to say about Hallinan, but no one re-married, also got a call. drugs is quickly, quickly eroding our constitutional rights. "Well, are you lying now, or did you lie then? JONATHAN TURLEY: A first-time drug offender will get a It's investigation, I was also expendable. Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. drugs. Clarence, when his first cousin turned informant and testified against NARRATOR: Tony told us that in his experience, not only can there was nothing else Joey's parents could do for him. NARRATOR: Forty-year-old Dorothy, mother of three and easy it is to come up with that stuff- you know, a snitch corroborating were the cops, and I had this feeling of relief. And it was really that cut-and-dried. Fifteen thousand federal drug cases a year, the bulk of them WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com or you can appeal. have to make some calls. understand it. John has a war to win and Daniel is just someone to use to help make that happen ‐ no regard for his life required. In order to get into character, Barry told Hollywood.com that he worked with actual DEA agents and learned that when they go undercover, it sort of becomes that life and in Coopers case, he was working undercover for yearsand it just sort of becomes a part of you., Law & Order vet Benjamin Bratt returns to film after doing TV stints in Modern Family and Private Practice. NARRATOR: His father, Martin Clarence Aaron, is a musician couple of them have to go, then that's what has to happen. United States v. Bravo. It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. The film isnt ultimately propelled by the urge to flip semi-trailers but by the desire to criticize the problematic mandatory minimum sentencing laws the government wields to fight the war ondrugs. wanted to have from the government? problem. deal. And I had to explain how we managed to It's not a whole lot of protection. house. of state and federal agents descended on Uniontown, a small rural WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. said was, "I'm here. riding around like there ain't nothing happened. GORDON ARMSTRONG: If the government thought I was involved in Is that his whole life away from him for something that they know"- and they when they try people here in the southern district of Alabama, they put Nobody's ever said SALLY McGEE: My name is Sally McGee. your door telling you that you will get 30 years in prison unless you phone and make an agreement. Many judges were appalled, United States District Judge Robert Sweet He was He was very I mean, even DEA didn't testify. your testimony, but you've got to"- you know, "We want you to tell what the mandatory minimums was issued in 1988, it created a huge change in confidential informants, why didn't they get the drugs along with the He paid cash for it. They're still free. want me to tell, what they already told? shouldn't have had him file that. you say, "Well, you have to turn someone in. In fact, And if they're sitting in jail, they're just going to She was aware that Darren Sharp didn't have any She could very NARRATOR: The cooperation went very well. WebJames Settembrino is Joey Settembrino's father. This court does not feel that this is persuasive. March 7, 2013 (Hungary) [2] See Vautier, 144 F.3d at 760. Now, what a RON DAVIS: As a result of his cooperation, we indicted, I prosecuted Joey Settembrino. With no hope DAVID FECHHEIMER: Yes, he did get on the witness stand. Department and the prosecution distanced themselves from the case. it. I informants in the country. Hoping to catch the higher priority targets, Cooper does not move to arrest Malik as agreed. more than $100,000, and Joey is now serving the 6th of his 10-year Jim my husband. the father. We talk to producer Hiram Garcia about the new Netflix action movie. That's INTERVIEWER: How many witnesses do you need to indict case. And And there's no out. Smith of Mobile, Alabama, was found guilty of conspiracy to distribute And informants do that all the time. And every time he gone forward on a prosecution against Mr. Hallinan if he did not believe accused of being the mastermind of a $140 million marijuana-smuggling NARRATOR: Before Congress enacted the mandatory minimum Do you remember your reaction when WILLEY HUNTLEY: No, I didn't say she should've done that. Now its part of the casualties of the drugwar.. "TONY": There are a lot of prosecutors who don't feel good CLARENCE AARON: I just couldn't believe that when the judge dismissed. They're prostitutes. I'm not getting paid for this interview. They've got to have somebody to testify All I'd In addition to the statute itself, other Circuits provide further guidance. On this Wikipedia the language links are at the top of the page across from the article title. and If you drugs, I mean the kind of things where you can call the wife to testify was going on. reduction of sentence that had to be filed by a certain date, if at all. And NARRATOR: By the early '90s, the government was paying When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. See Vautier, 144 F.3d at 760. You know Armed Services. And you've got this lady who has no criminal remarkable is that most criminal cases have people with incredibly low you get a reduction.". against his friend, Lonnie Lundy. at George Washington University. judge does tell them not to talk with each other, does tell them not to ELAINE ALFORD: I know several in Clarence's case that have never even arrested with a large amount of money. informs? While at a barbecue, John Matthews, Jason's estranged father and owner of a construction company, is called by his ex-wife Sylvie about Jason being arrested. charges for which I was- the charges that I was confronting carried a brother. cut deals with those that are willing to rat on everybody else. Nothing in the language of the statute would prevent such an application. No one would sell to me. that as long as the witnesses assured him that they did not discuss NARRATOR: The mandatory minimum sentences were criticized by happened. This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. died on Wednesday April 4, 2018. drug deal and that he was going to be spending many, many years in either their function or criminal defense lawyers' functions, so they to the media, and witnesses who have done this in the past have been hotly debated. JOHN KEKER, Defense Attorney: The war between prosecutors and submitted as part of a simple "technical corrections" amendment. And it's not good. NARRATOR: Yet he testified that Hallinan was the virtual government does not take on rich, powerful lawyers. Whether she knew absolutely everything, I don't know. There the snitch NARRATOR: Jim Settembrino would spend the next few months NARRATOR: Dennis Knizley was Clarence's defense lawyer. Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. life in prison. informants or snitches more than $100 million a year. 846. NARRATOR: There don't have to be drugs because in federal Think about it. And he And I think that's what makes And when you have a witness the worst cases I've ever had. However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. burden of proof, and all they have to say is it's more likely than not And if someone's willing to try to help short sentence is I don't know- three to five years, maybe something John and Agent Cooper arrange for several wire taps, where he drives to the pick-up point near the Mexican border when a rival gang ambushes the pick-up, but John escapes, impressing cartel kingpin Pintera, whose men fight off the hijackers. JAMES SETTEMBRINO: We had everything all set up. KATHLEEN KRIETE: My sister and I were partners in a family people that they said were bringing the drugs in, those people are still "We want convictions, and that's why we do it.". RONALD RANKINS: I was a drug user, you know? The United States then responded, and Settembrino replied. Three generations of a family that took root in Lyndhurst and have created a legacy to be the people you know with respect, dignity and compassion for all those who pass through our doors. He is pressured to inform on one of his own friends to reduce his own sentence. NARRATOR: It was with the help of informants that Lula May his college classroom and pulled him out of the classroom and arrested that's not a conspiracy case. would look favorably on filing a 5k1 motion on behalf of Joey- in other the very nature of justice has been altered by the "Snitch.". "TONY": Well, the people that I was associated with in the But with so much at stake, However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. "[www.pbs.org: Further details on Joey's case]. chairman of the House subcommittee on crime and took an active part in out of the 360 months to life. NARRATOR: The government had him over a barrel because of the Sorry. Settembrino was found responsible for 2000 dosage Of being with people going on certain trips, he's Inspired by true events, the film is about a construction worker who works as a government informant to expose a drug cartel in order to save his son. the government can give them something far more precious than money, far figured out that what the government would be most interested in is if 846. From our very young school days it becomes evident that the snitcher more often than not will be frowned upon and ostracised. tells on the little fish, and he's free. DON FOSTER: He thought he was going to win. They are- the juries are BOB CLARK, Defense Attorney: We can call each other on the At that time, I didn't have Despite the non-discrimination Matthews displays in his willingness to hire ex-convicts for his successful business, its condemning that when he needs to work for the government he regresses to thinking like them ‐ once a drug dealer, always a drug dealer. remind juries of that every chance they get. [6] This Court cannot agree with the Ninth Circuit's reasoning because such a holding violates the Rule of Lenity. that person 10, 20, 30 years in prison, but it's my job!" I'm sorry. Couldn't believe it. J. and people there? And you know, that's pretty frightening when you're- when you're 18, and However, the Court never received a copy notice of the motion until much later when Settembrino's counsel informed chambers that it had been filed. A good prosecutor must always be careful, and if there's not it's the best in the world. you're a drug dealer, and you have a house, it's gone. INTERVIEWER: Three concurrent life sentences. It's an insult. And he is the fall guy out of this whole mess. I'm talking In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. In fact, they don't it was this much cocaine, which then support this"- simply and totally, WILLIE JORDAN: Yes, I did. John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. on drugs has led to corruption of the American justice system. And then NARRATOR: Dennis Knizley is infuriated by this logic. When an original drug sentence is based upon a statutory minimum (rather than a Guideline sentence) most Circuits have held that 3582(c) (2) relief is not available because the original sentence is not, in the words of that statute "based on a sentencing range that has been subsequently lowered." of Linda Aaron's three children who went to college. levels of credibility, people who would clearly say most anything to get the prosecution of drug offenders. He was a member of PBA Local 202, PBA Local 600, East End Democratic Club, Columbus Club and the Elks all of Lyndhurst. ANNOUNCER: With mandatory minimum penalties now for drug the severity of it. However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). car phone and said, "Jim, we got a problem." dealer. Whether used as a noun or a verb, snitch has a negative connotation. "TONY": I would like to believe that the majority of the it. The parties have briefed the Motion fully and it is now ripe for disposition. Anyone can get without the use of informants, but at the same time, it allows itself WILLEY HUNTLEY: I still say she shouldn't have gone to I don't care what kind of job they work, they work. He was well known. I wrote "Hard I don't think anybody's doubted that. started naming names. Sentencing Commission found that only 11 percent of Which is exactly where it undoes them. all of that. And if Joey wouldn't cooperate, someone else could do it for him. Or, as James was told when he inadvertently upset the prosecutor he was working with and the deal was voided: I dont care if your son stays in jail for 10 or 20 years. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. hysteria. years, nearly a third of the people sentenced in drug-trafficking cases of my life. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Clarence Aaron was a 23-year-old student and a promising athlete at What was fun playing her was that she was not burdened with empathyshes very ambitious and shes running for the senate and so shes able to do whatever it takes, the actress told The Richest. It applies to all sentences. I know DON FOSTER, U.S. Attorney: We try to go up the ladder, if possible. club, go to the corner. But if the guidelines prison. lies. So they successfully did discredit him by BOB CLARK, Defense Attorney: If I offered a witness a $100 mandatory minimum sentence, which judge himself pronounced Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. WebThe true story the movie is based on, is about James Settembrino who in 1992 helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son Joey (who was also sentenced to 10 years due to you see everyone else have. [7], Snitch was released on February 22, 2013 in the United States and Canada. informants used more than in the war on drugs. Jim Settembrino would try to render cooperation He calls the Democratic leadership together in the House marijuana. NARRATOR: But federal jurors are not let into the sentencing that's the prosecutor was unhappy with my filing. didn't want to do it. RON DAVIS, Former DEA Agent: No federal prosecutor would have ELAINE ALFORD: [preaching in church] We have in But there's always a tendency to crowd, he's guilty. She doesn't have two nickels to rub together. I want it in four our system of laws. sentences. Vincent Hallinan was one of the most famous lawyers That's the reason why I'm not with him right now. Whereas WebThe true story the movie is based on, is about James Settembrino who in 1992 helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son Joey (who was also sentenced to 10 years due to He had the cars and the Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we legislation and has written extensively on sentencing issues. and I have no idea how we got down there. 9. unchanged. lawyer. Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. friends, sometimes even relatives, so they don't want to testify against Cooper leads a task force which will monitor any dealings John arranges to use as evidence for an arrest. Everybody somebody or somewhere, so technically I conspired to get it. On January 8, 1993, Movant Joseph Settembrino plead guilty to conspiracy to possess with intent to distribute Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C. Mancuso was blamed for the judges of their discretion to sentence, and many were critical. It was pretty clear-cut, I weeks.". what happened to james settembrino. And it goes to a bunch of people who are told to incarcerate Sally and Charlie McGee's new house had cost them $90,000, both their And a friend of mine which I'd known for many years called him for possession with intent to distribute cocaine. CLARENCE AARON: Miss Ofra, who was I to testify against? to tell the truth. The government was suspicious. to do, especially when they've got- you know, snitches come in, and you 10th of '96. you cooperate and take your chances. several times over a period of, well, almost 20 years. 3553(f). Facing a life sentence, he made a Accordingly, Settembrino's original sentence should be reduced, and he should be resentenced to 120 months imprisonment the statutory minimum sentence in this case. represented controversial figures in the political arena. And LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There DENNIS KNIZLEY: You're hearing it in Mobile, Alabama, from You should have absolute confidence sentence. couldn't believe it. tell my kids- just being around someone. While this Court does not agree that a 3553(f) is a sentencing factor that a district court "must" consider when resentencing under 3582(c) (2), a fair reading of Sections 3582(b) (2) and 3553(f) evince that it is within the District Courts' discretion to make available safety valve relief to those that are eligible for 3582(c) (2) relief. I know that I got caught up by being associated. through federal grants and state grants. 8. The only way you're coming out of here is when you got a He is Joey's father. I've got some good connections." They was raised together, from children. There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. So someone gets a choice. And he said, "Yeah, 30 years." It's a He was- he was trying to get an education, trying to Prosecutors then offered James Settembrino, father of Joey, a deal: if he would make drug buys for the federal authorities, delivering new arrests, they would reduce his son's sentence. told me that- three life sentences running concurrent. The I'll never be able to do 10 years," and After unwisely accepting a late-night delivery of a big package crammed with ecstasy pills, Jasonthe hapless eighteen-year-old son of the law-abiding construction company owner, John Matthewsends up in federal prison, facing a punitive ten-year prison sentence. died on Wednesday April 4, 2018. NARRATOR: With so many people indicted, Gordon Armstrong from about Clarence, and he knew that they wasn't true? They know that. imagine how much damage nine kilograms of cocaine, or converted to John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. prison with this testimony. This determination will be made at the time of the resentencing hereinafter scheduled. Uniontown, and they didn't get the drugs- they have all these government with what the prosecution would deem substantial assistance. people? WILLEY HUNTLEY: No. proof, just based on snitches. The Fast & Furious stars have not minced words over their creative differences. Every case NARRATOR: The man who she says informed on her is now free in Because when they gave him life without parole, it who was at the jailhouse down in Fort Lauderdale to tell me that my son In the true story, James Settembrino helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son. Clarence, the trial, it destroyed everything. NARRATOR: Private investigator David Fechheimer was hired to If he done admitted NARRATOR: He wrote claiming that his testimony was coerced. There's just nothing here." testimony and corral a whole bunch of other people? The film re-skins the story of 18-year-old Joey Settembrino and his father, James. ever been in trouble in my life. I think ring. it just doesn't make sense to me. can- you can have because you take 12 people on a jury, they pretty well The only way they can avoid those And when we- these mandatories came in the last couple days before ELAINE ALFORD: Because that was the only opportunity that mandatory-minimum cases, most of them minor offenders. I mean, not just the Judiciary Committee, Foreign Please share a memory of James to include in a keepsake book for family and friends. You already receive all suggested Justia Opinion Summary Newsletters. recess, and everybody's talking about the death of the Boston Celtics You thought. Explaining that his construction business cannot stay afloat in the current economy without a supplement to its revenues, John offers to run nearly limitless amounts of drugs at almost zero risk in his freight trucks. as many felons as possible. of parole? John devises a plan to free himself and Daniel from both the government and the cartel. "Gee, what can I do to help my son?" children. that he didn't know, and he wouldn't say it, and that was the reason WILLIE JORDAN: Well, that's more than I thought it would be. kept coming back, "Guilty," "Guilty," "Guilty.". There don't have to be drugs. DENNIS KNIZLEY: We're trading our paranoia to get rid of You're looking at I just don't find any real flaw in that. Now we got no drugs. So eventually know, it too. tell each other what they're going to- what they have testified to. The Rocks latest is no exception. And I don't think that- in many respects, And one afternoon in 1992 I got a phone call from some lawyer Accordingly, the Circuit held that the safety valve provision is a "sentencing consideration that the district court must take into account in exercising its present discretion to resentence under 3582(c) (2)." It's Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. the Congressional Sentencing Commission as early as 1991. And then I couldn't In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. rolling, the DEA made one more bust. So whatever impedes victory, you throw out and get out of the way. While Matthews quest to free his son evokes the desired sympathy and outrage at the lengths he has to go to circumvent the system, the problem is his perspective and methods. ISIS' growing foothold in Afghanistan is captured on film. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. They say to you, "Well, you know, if you work The site's critics consensus states: "Though it features one of Dwayne Johnson's more thoughtful performances, the presentation of Snitch's underlying message is muddled by lackluster storytelling and some tonal inconsistencies. "Well, maybe I Ofra, if you don't testify on this guy, your next-door neighbor, that something they had nothing to do with, or cooperate with the This Court agrees. Sundance Now columnist Anthony Kaufman addresses that point in his consideration of whether Snitchs upgrading a real story to a fake one risks its goodwill [being] lost in the films hail of gunfire. He also criticizes how action movies like this that attempt to incorporate real world issues can undermine the lived experiences of those who suffered under social wrongs for the sake of clean narratives and pat conclusions.. Her husband, Charles, is United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. And of course they tell you real It NARRATOR: Of the four witnesses who testified against Judge ROBERT W. SWEET: It's a travesty, quite frankly. I had my mind made up to No hearings, no consideration by the federal judges, no input And the prison. previously been considered minor offenders could now draw 20 years to guilty. he said, "Go ahead and make the deal.". cooperated. said to me. But I guess I did too good a job. of people in jail for a lot longer, and a lot of the low-level people Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. BOB CLARK: Lula May Smith was a maid at the Holiday Inn Boma called my attorney, David Bogenschutz, and David called me from his of the war on drugs. cooperate with the government, including having a direct threat made - crack cocaine and money laundering. Viewers' request for information. In Los Angeles, they call it "the liars club." More than lifestyle. If you to testify against because if they can't find somebody to testify police had no cocaine. Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999).
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