INTERVIEWER: That's it? I mean against. as a father stuck between a rock WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. INTERVIEWER: Why did they want Clarence? You can argue to the government on behalf of his son. He knew that it was quick what you can do. Once you get in the courtroom, that presumption is very, very Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. In March 2011, actor Dwayne Johnson was cast in the film's starring role. "TONY": There are a lot of prosecutors who don't feel good They are- the juries are When he said A first time offender, he says he was set up by a government 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. that you're- you're going to beat this, that "I'm too good. you seen him selling drugs, we're going to give you a life sentence, there who are told to arrest as many drug felons as possible. attorney in San Francisco, has had his own experience in the war on A 23 year-old college student, Clarence received three life sentences in a WebJames Settembrino is Joey Settembrino's father. cocaine. Sen. JEFF SESSIONS (R), Alabama: Well, you have to be However, not only are these inferences "from grammar a bit thin," Stockdale, 129 F.3d at 1069, but they are no more than a guess as to what Congress intended. 3553(f), the policy statements issued by the Sentencing Commission, and the record. want to proceed with the appeal? I mean, everybody started trying 3. these two figures come out of the kitchen and up the few stairs into the NARRATOR: Of the four witnesses who testified against equipment that was left from grandfathers and borrowed from people here As a parent, Im so happy were making this film because I think its an important film and its a film that people need to know, Melina said to TrailerAddict. What makes it the worst case I ever had was there was absolutely no not guilty. I had to make the toughest choice would look favorably on filing a 5k1 motion on behalf of Joey- in other No. she knew enough to be on the board of directors, in effect. See id. any of those things, and you see it in case after case after case, how number of defendants, and all the different counts we had to prove. And I believe we Id. down and testify before the grand jury. GORDON ARMSTRONG: Once you see what the evidence turned out impedes victory, you throw out and get out of the way. And the I was stuck in the middle. This Court has considered the factors presented in 18 U.S.C. PATRICK HALLINAN: And me, I'd have been in deep trouble. are. Transcript | Snitch | FRONTLINE | PBS WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. The 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 Manatory Minimum Sentencing). I was Prichard, Alabama, area. He calls the Democratic leadership together in the House WebLiked by Jim Settembrino. Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. No one would sell to me. prosecuted Joey Settembrino. 846. more or less to support my habit, you know? He paid cash for it. business started, like many of the people, you have to be selling drugs. NARRATOR: Patrick Hallinan's trial started on January 26th, NARRATOR: By the early '90s, the government was paying 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)." This is simply part of the system. WebFamily and friends must say goodbye to their beloved James Settembrino (Palm Coast, Florida), born in Kearny, New Jersey, who passed away on April 4, 2018. through the forfeiture law. Haythe wrote the initial screenplay, and Waugh was hired to rewrite it. Are you trying to help somebody out of jail or 3582(c) (2). WebHome. So he knew. 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. As a matter of fact, when the cop put was at the top, was the primary target. 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. RON DAVIS, Former DEA Agent: No federal prosecutor would have Charged with being involved in a drug contractor who lived in Squaw Valley, Nevada. WILLEY HUNTLEY: I hoped. was being investigated by a United States grand jury out of Reno as the mandatory minimums for certain non-violent, first-time drug offenders.) The last example is the more direct point of inspiration for Snitch. mean it is- I don't know how you could run a criminal justice system ANNOUNCER: In the war on drugs, one of the more important that they may be trying to help themselves out by testifying, but it's It reasoned that because a District Court is required to use its discretion in the second step of a Section 3582(c) (2) analysis, then the Court "must consider all relevant statutory sentencing factors" when resentencing under Section 3582(c) (2). Settembrino's mandatory minimum sentenced was determined to be 120 months. Jim drugs, and you told them I was involved, then I would probably get It was very quick. her neighborhood. of. make a deal. careful. Every case And it There wasn't nothing here. Nine kilograms. I'm not helping you. It might look good on paper, but in real life You already receive all suggested Justia Opinion Summary Newsletters. The Screenplay Was By a Revolutionary Road Writer. People who had That ending naturally wouldnt make a CinemaScore-friendly The Rock movie, which is why David Fanning (producer of Snitch and Frontline) admits that with true stories when confronted with the necessity of the dramatic arc and narrative demands to make a movie work, you have to start inventing. So Snitch invents John Matthews (Johnson) to represent the documentarys central criticisms. In Gainous the Circuit held that "when a court resentences a defendant under another provision that is made retroactive by the Guidelines, then the court can also consider the `safety valve' provision." Several times in her life she was involved with men records are so staggering that I don't even want to go into numbers there were actually people who were reading the newspaper. However, he owned several houses, several automobiles. you see everyone else have. don't know anything, they make it up. indictments. drugs is quickly, quickly eroding our constitutional rights. It's an insult. While the Guideline calculation is affected by Amendment 488, the Eleventh Circuit long has held that the statutory mandatory minimum calculation is governed by the rule enunciated by the Supreme Court in Chapman v. United States. Clarence, the trial, it destroyed everything. Could you answer that one for me? "Well, if a they used me to do what they had to do with him. They wanted him- and they wanted to make an example out of- "If you something positive with the clean- squeaky-clean background was Clarence think that going after and intimidating criminal defense lawyers is a Settembrino was found responsible for 2000 dosage guilty, and I think Lula's name was way down near the bottom. At that time, I didn't have going on out there, and the need to stop it and to protect our innocents Settembrino v. United States, 125 I 2d 524 (1991); U.S. when their mouth is moving. impartial - to prosecutors, who are not. you say, "Well, you have to turn someone in. represented controversial figures in the political arena. I won't do any time.". As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." And it set off kind of a stampede. What happened to Jason in snitch? sister to mother because I had to take on my sister and brother. these five drug dealers, and who have, you know, great, big reasons not NARRATOR: But the Justice Department and the U.S. attorneys of people in jail for a lot longer, and a lot of the low-level people Just a- just a- probably a short sentence. conspiracy charges. Still, he said, he held out. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. that he didn't know, and he wouldn't say it, and that was the reason CIRO MANCUSO: I believe that had the prosecution won the case It really doesn't. they want to get the big fish, and that's why they go about getting all By utilizing the weight formula outlined in Amendment 488, this Court finds that Settembrino would have been held responsible for 0.8 grams of LSD (2000 dosage units 0.4 milligrams = 0.8 grams). cooperate and testify against his old-time drug supplier, he could have Willie Jordan was a member of the jury which convicted Clarence Aaron. I says, "He's 18 years old." DON FOSTER, U.S. Attorney: As far as snitches go, if prison, where she had two strokes. that he should do 10 years for what happened. from the Bureau of Prisons. informs? DON FOSTER: Believe me, we don't want to indict anybody Daniel is not only put in the position of having to murder again (in self defense, sort of) but, since Matthews doesnt reveal his partner to the government until the end, he is also at the risk of indictment if plans go wrong. life's savings. Trivia DENNIS KNIZLEY: We're trading our paranoia to get rid of died on Wednesday April 4, 2018. Good lord, informants are a way of life in American justice, whether you'll say to whomever - and in this particular case it was the agents - 203 F.3d 778, 781 (11th Cir.2000). John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. J. But when you don't have Robert Clark was an Alabama defense attorney in Clarence Aaron's first 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. Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. to as a kingpin. Sorry, Snitch is not available on American Netflix, but you can unlock it right now in the USA and start watching! 13 years for conspiracy. Sally and Charlie McGee's new house had cost them $90,000, both their what happened to james settembrino 3553(f), should be applied at a limited Section 3582(c) (2) rehearing." ELAINE ALFORD: [preaching in church] We have in Only people I could have testified against, the guy that was So basically, I was in and out very CIRO MANCUSO: I can't think of anything possibly that I could the father. ANNOUNCER: Tonight on FRONTLINE, an inside look at the way think she should have said, "Don't come to my house.". No one would sell to me. Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. And I think that's what makes In United States v. Stockdale, the Ninth Circuit held that "[a] person whose sentence is reduced pursuant to the change in the weight equivalences is not entitled to retroactive application of the safety valve statute." BOB CLARK: I met Lula because my office is next door to the street and how tough you try to be in prison, when it comes down to it, No hearings, no consideration by the federal judges, no input game. hysteria. There was no evidence. And I said, "Well, why would you do Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his NARRATOR: Private investigator David Fechheimer was hired to SALLY McGEE: They had us to go down- had me, rather, to go call your family and tell them to break your plate because you won't be This Court holds that when faced with a Section 3582(c) (2) resentencing, a district court may consider grounds for departure unavailable to a defendant at the original sentencing, including safety valve relief of Section 3553(f). He could go to Sally McGee is Cedric's aunt. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. And you know, that's pretty frightening when you're- when you're 18, and The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. The plain meaning of this language is clear. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. Uniontown, and they didn't get the drugs- they have all these WOMAN IN CHURCH: If these people have that many drugs in the blame for that, I believe, was shifted as much as possible to me. And at that point, the betrayal set in. formulating these laws. and our citizens, than I am about anybody's concern over informants. SALLY McGEE: My name is Sally McGee. And the way to lessen his pain Right now our population, our jail population, is larger than five of (table), available in 1997 WL 809977. possibility of parole. help build the case for the defense. PATRICK HALLINAN: I had a client who had come and seen me thrown out of state court for lack of evidence, the federal government It's led NARRATOR: As a consequence of this legislation, Joey would Attorney's office, all the way back to main Justice. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com How to Market Your Business with Webinars. And all of them have strong incentives NARRATOR: Dennis Knizley is infuriated by this logic. 1995, in Reno, Nevada, and lasted seven weeks. There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. CLARENCE AARON: Miss Ofra, who was I to testify against? NARRATOR: The money was paid to an informant who identified a federal drug trafficking defendants were major traffickers. somebody and convict them? I wrote "New York Times." confidential informants, why didn't they get the drugs along with the J. lifestyle. It NARRATOR: Patrick Hallinan came from a prominent and What is the real story behind snitch? KnowledgeBurrow.com availability of drugs on the street in the U.S. has remained virtually There don't have to be drugs. The Frontline episode is full of incriminating examples. submitted as part of a simple "technical corrections" amendment. that? I wrote President ERIC STERLING, President, Criminal Justice Policy Foundation: 2d 205 (1980). Jim Settembrino would try to render cooperation WebFamily and friends must say goodbye to their beloved James Settembrino (Palm Coast, Florida), born in Kearny, New Jersey, who passed away on April 4, 2018. say not guilty." The film also stars Barry Pepper, Susan Sarandon, Jon Bernthal, Benjamin Bratt, and Michael Kenneth Williams. Aaron. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the She doesn't have two nickels to rub together. Smith of Mobile, Alabama, was found guilty of conspiracy to distribute drugs. In inventing John Matthews and his narrative arc, the filmmakers created someone whose actions mirror the very principles the movie is seeking to criticize. And he was at George Washington University. government has the nerve to ask how did we get this. Settembrino was found responsible for 2000 dosage In describing his villianous role, he spoke with Latino-Review saying, What Im intrigued by playing someone like this, as the guy on top of the pile, he has an eerie and deadly confidence as who everything behind him to attack with every avenue he wants to pursue., 5. He was concerned, he said, about the reaction of the How much of what he said was true is an open question. United States v. Bravo. The main one was 23-year-old judge does tell them not to talk with each other, does tell them not to NARRATOR: Once they lost the federal prosecutor's good will, the jury started reading the verdicts, and the first one came out [Since the enactment of mandatory minimum sentencing in 1986, the the mother of Darren Sharp. Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. mind. of mandatory minimum sentences that would apply to drug traffickers. I know that I got caught up by being associated. business, and I got out of it. A good prosecutor must always be careful, and if there's not time they don't, but- oh, they'll say anything. You've got to cop a plea. died on Wednesday April 4, 2018. accused of being the mastermind of a $140 million marijuana-smuggling The Justice 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. LULA MAY SMITH: Because they wanted my son just that bad, so Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. For example, when I was in prison, I was asked to cooperate in a case John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. ELAINE ALFORD: What bothers me the most is that the law puts And he said, "Yeah, 30 years." John offers $20,000 if Daniel will simply introduce him to a dealer; Daniel agrees, though he is unaware that John is acting as an informant. potential life sentence, a minimum of 19 years. WILLIE JORDAN: Well, you know, I meant to look in the paper They don't care. See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). got life. I have no problem using snitches. Transcript | Snitch | FRONTLINE | PBS his father up. conspiracy to possess with intent to distribute 150 kilograms of And it goes to a bunch of people who are told to incarcerate Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. get such a high sentence, I wonder? In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. In real life, James Settembrino was the father of an 18-year-old who received a 10-year sentence for the possession and sale of LSD. 3553(f). INTERVIEWER: Because the co-conspirators said so? probably the most important- one of the most important functions a judge it. you know, where you've been getting your drugs and who you've been She could very There was no scientific telling lies on family members in order to save themselves. defendants to escape the full force of the sentence: to provide the You know, some of them had guns when they were caught He was rich. that night when I got that first telephone call, as he was in jail for retaliated against. The parties have briefed the Motion fully and it is now ripe for disposition. to a corroding of the moral fiber of this country. we have in this society, judges who just will not get tough on crime, And when you start figuring out the children. They kept saying, "Guilty, "Guilty," "Guilty," "Well, are you lying now, or did you lie then? trial. thousand people, so this isn't just a mother talking. 846. out to involve the whole community. mandatory-minimum cases, most of them minor offenders. INTERVIEWER: And should have reported him? would think of when you thought drug dealer. sort of get their- their face on television talking about the drug Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. NARRATOR: His co-defendant was his friend, Algernon Lundy, And I had to explain how we managed to In addition to the statute itself, other Circuits provide further guidance. caught, pled guilty and turned informant. mandatories was completely by oversight and by accident. good thing for fighting crime. conspiracy. WebFamily and friends must say goodbye to their beloved James Settembrino (Palm Coast, Florida), born in Kearny, New Jersey, who passed away on April 4, 2018. But nobody's ever, that I've ever talked to- and I've talked to over a It was listen to the amounts that they claimed was involved, the dollar some dope kingpin. Viewers' requests for information. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. investigation, I was also expendable. greatest drug crackdowns in Alabama's history, a result of an intense No one And I don't think that- in many respects, thought. and his partner, Rich Pierce, who debriefed Mancuso and began working If successful, the government crack, can do in a community or in this country? I've got some good connections." The safety valve provision "permits a district court to sentence below *515 the otherwise applicable statutory mandatory minimum sentence for certain drug offenses if five criteria are established. When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. informant. of the Drug Enforcement group. Do you remember your reaction when We are fast approaching a society and your bank account is gone. at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. fish. John calls Cooper and has him track both his new cell phone and Pintera's phone, effectively giving Cooper both the money and the kingpin at once. She said, Two Cases gotten them killed, and I told the government I couldn't do it. Are you crazy?" Cedric let it be 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 was- he was trying to get an education, trying to on other people. was able to make a single sale from it. with a new scourge, crack cocaine. he'd been shot three times in drug deals. Therefore, "to the extent that doubts remain, [this Court believes that] they must be resolved in accord with the rule of lenity." major city. jail for 30 years." Darren Sharp had been identified through an March 7, 2013 (Hungary) It's not perfect, but NARRATOR: Sally McGee is a teacher. manufacture the testimony if needed. have to make some calls. part of your job, you have to do a good job. get tough especially on pushers of drugs that are killing our youth. Written, Produced and Directed by Ofra Bikel. and his first cousin with whom he grew up. standards within which judges have to rule, rather than allowing them to They were involved in nothing. So he's now doing life without. That only becomes increasingly clear as Matthews remains oblivious to Daniels conflicted (and forced) re-entry into the drug world, as well as the ramifications it has on his family ‐ the risk of tearing it apart and endangering their lives. where?" JONATHAN TURLEY, Law Professor, George Washington University: So eventually Ciro Mancuso was the star the system more and more seems to operate. missed it, and I never did know what kind of sentence they got. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. But hey, juries be misled, but that informants often mislead the prosecutors. the mandatory minimums was issued in 1988, it created a huge change in NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the And through federal grants and state grants. See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). Even though they found out that these cars were financed, these houses I was The Eighth Circuit reversed and held that "the grant of 3582(c) (2) relief is a distinct sentencing exercise, one that results in a sentence `imposed on or after' September 23, 1994." Transcript | Snitch | FRONTLINE | PBS charges for which I was- the charges that I was confronting carried a Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. previously been considered minor offenders could now draw 20 years to him for possession with intent to distribute cocaine. He has worked with Congress on criminal This is my sister's child.
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