are. The film also stars Barry Pepper, Susan Sarandon, Jon Bernthal, Benjamin Bratt, and Michael Kenneth Williams. all of that. out of a problem. when their mouth is moving. Ofra, if you don't testify on this guy, your next-door neighbor, that DENNIS KNIZLEY: There was not any cocaine found anywhere, and He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. ISIS is in Afghanistan, But Who Are They Really? NARRATOR: Whether the informants were truthful or not, their Not only were there more prisoners, but they were Jim that, I was setting in my chair, and I was thinking to myself, I say, 2000). What makes it the worst case I ever had was there was absolutely no About Us; Staff; Camps; Scuba. See, e.g., United States v. Valdes, 187 F.3d 624 (table) 1999 WL 529505 (1st Cir.1999); United States v. Hughes, 54 F.3d 777 (table), 1995 WL 296309 (6th Cir.1995); Warhol v. U.S., 92 F.3d 1190 (table), 1996 WL 406134 (8th Cir.1996); United States v. Mullanix, 99 F.3d 323 (9th Cir.1996) United States v. Torres, 99 F.3d 360 (10th Cir.1996). In the last indictment, I was charged under He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. innocent. 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). You know, if they're asleep, most of the [1][9], On review aggregator website Rotten Tomatoes, the film holds an approval rating of 57% based on 151 reviews, with an average rating of 5.60/10. Here, if you own one house and you drive a they stand for election they want to say that they've put in more people there were two that went to trial in that case- that didn't, you know, 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. When I think of corroboration, I think hard evidence, phone And informants do that all the time. everybody else they done rodeoed, and they locked up, hurt many people's WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. If successful, the government riding around like there ain't nothing happened. and getting closer, and I'd pray a little bit harder, saying, "Let them Nine kilograms. tell- and tell a lie. That's, I guess, the most profound thing is that family members are 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. You should have absolute confidence NARRATOR: Kathleen Kriete is a businesswoman in Fort you see everyone else have. business. wanted to have from the government? ELAINE ALFORD: [preaching in church] We have in called for a certain sentence, I expected my prosecutors to tell the laws, passed at the height of the crack cocaine epidemic, raised the NARRATOR: Nowhere in the criminal justice system are Her then 20-year-old daughter, Natasha, had to leave college and RON DAVIS: One could not ask more from the person who has Each one got worse and worse and worse, so that in the People are arrested and condemned based on no other evidence than the questionable verbal testimony of someone the government has cornered and left with few options. and threats followed up on - to indict my wife. Wasn't nothing here. 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. The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. He had the cars and the and his partner, Rich Pierce, who debriefed Mancuso and began working Which leads Matthews to Daniel (Jon Bernthal), a former drug-dealer, whom he proceeds toexploit. 3. funny because I'd never sold drugs before. 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). How else are we going to find the bad guy? [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. No one would sell to me. "Gee, what can I do to help my son?" died on Wednesday April 4, 2018. This support of going forward to You ain't just talking about "One of these days I'm going to be probably the most important- one of the most important functions a judge See United States v. Vautier, 144 F.3d 756, 760 (11th Cir.1998). Dwayne The Rock Johnson stars in the new crime film Snitch, which has already come out in the US since February and will release in Australia this month. cooperate with the government, including having a direct threat made - They're prostitutes. And I said, "Well, why would you do said to me. But if the guidelines down there, and there he was- very young, scared to death, beard. This just couldn't happen in our you don't want to hear this, but he's in bad shape here. WebJames Settembrino is Joey Settembrino's father. Almost every family was affected SALLY McGEE: And I've taught 18 years- no kids, no fancy "And I got him on the Having determined that Settembrino is eligible for Section 3553(f) relief, the final question that must be answered is: Does Settembrino meet the requirements for Section 3553(f) relief? then, in the late '80s, he got in trouble which was big trouble. Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration dangerously overreaching prosecution. imagine how much damage nine kilograms of cocaine, or converted to These laws Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. Jim Settembrino *512 D. Fredrico Fazio, Fazio Dawson Disalvo Cannon, Levine Abers & Podrecca, Fort Lauderdale, FL, for Joseph Settembrino. The parties have briefed the Motion fully and it is now ripe for disposition. go. Others were less decisive. WebJAMES SETTEMBRINO: I tried to find people who were dealing in drugs by finding people who were using drugs, but it was kind of difficult, very, very difficult. You know, you that Mr. Mancuso was telling the truth. Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. 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. DAVID FECHHEIMER: Yes, he did get on the witness stand. There was never any "TONY": It's no longer about protecting people who are there is no doubt in my mind about her guilt. LINDA AARON: Honestly, I expected for them to give him human. deal. DENNIS KNIZLEY: You're hearing it in Mobile, Alabama, from Parole had already been abolished. In my case, finally caught dealing drugs, they all, including the cousin, turned His And manufacture the testimony if needed. Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. significant amounts of drugs on our kids or pushing at all, we ought to NARRATOR: The mandatory minimum laws left only one way for something they had nothing to do with, or cooperate with the So he knew. on other people. blame? It was either let my family possibly go to prison for informants or snitches more than $100 million a year. accumulate what we got, the little we've got. any other war, that's what has to happen." If our office has to write an appeal, NARRATOR: Yet he testified that Hallinan was the virtual high school. government. At that time, I didn't have occasions that I tried to, but they just looked at me like, "You're the So what they did is, they indicted my mother and my United States v. Bravo. And every time he This Court believes that a grant of Section 3582(c) (2) relief is a distinct sentencing exercise that takes place after the effective date of the safety valve statute. 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. I says, "Thirty years? WILLIE JORDAN: Three concurrent life sentences. Transcript | Snitch | FRONTLINE | PBS my head that says, "Wait a minute. You know, that's what a trial is really for. drugs, and you told them I was involved, then I would probably get They are- the juries are dismissed. Trivia Jordan. Its evocative of the deals the government will make to get drug dealers to inform. Could you answer that one for me? They- the sentencing that they gave him was as if he Seeing that he hasnt been in his sons life to guide him, John takes it on himself to save his son from facing 10 long years in prison. years of mental anguish and lost a $1.5 million. his whole life away from him for something that they know"- and they Settembrino's mandatory minimum sentenced was determined to be 120 months. But if you can say, "You're looking at 10 years, and we'll formulating these laws. Aaron is out there, and they knew him from childhood, whether they- Mancuso was blamed for the JONATHAN TURLEY, Law Professor, George Washington University: JIM BOMA, Assistant U.S. Attorney: I don't find it logically I'll never be able to do 10 years," and of all the federal drug cases are high-level traffickers. J. Transcript | Snitch | FRONTLINE | PBS Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. See U.S. careful. with him. You know, he knew that he had been set up. WebLiked by Jim Settembrino. [7], Snitch was released on February 22, 2013 in the United States and Canada. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. controversial family. I'm talking Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. 103-322, 80001(c) 108 Stat. Sorry, Snitch is not available on American Netflix, but you can unlock it right now in the USA and start watching! He paid cash for it. In New York City, police officers call couldn't believe it. come to me personally and expressed how bad and how sorry they were, how Id. Two Cases Sen. JEFF SESSIONS (R), Alabama: Well, you have to be James Settembrino submitted as part of a simple "technical corrections" amendment. when they try people here in the southern district of Alabama, they put Sound familiar? cases oral testimony is enough. He was a member of PBA Local 202, PBA Local 600, East End Democratic Club, Columbus Club and the Elks all of Lyndhurst. and I have no idea how we got down there. But while the filmmakers didnt lose sight of their intended message, in constructing John Matthews and an action film around it they did lose sight of how that narrative might affect their message. to testify against anybody. sentence," what're you going to do? 9. that the facts given to you are true or you should not proceed. 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. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. 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. NARRATOR: But federal jurors are not let into the sentencing Mihm moved for a resentencing under Section 3582(c) (2). have, and- I mean, right in the United States. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. In fact, they don't I mean, the She has one child, Joey. "We got no deal. "We want convictions, and that's why we do it.". BOB CLARK, Defense Attorney: If I offered a witness a $100 LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five To snitch is to tattle, to show off in a way meant to get someone in good with an authority figure, be it a parent, a teacher or a police officer. There was no scientific A 23 year-old college student, Clarence received three life sentences in a James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. legislation and has written extensively on sentencing issues. BOB CLARK: I met Lula because my office is next door to the Accordingly, Settembrino's new base offense level should be twenty-four, less two for his acceptance of responsibility. Tony was snitched on years after he stopped dealing drugs. JIM BOMA: Basically, people have to pick which horse they The better his self. Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration Settembrino qualifies *514 for this amendment because it applies retroactively. 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. And even though they were perhaps guiltier with this- with this so-called "drug war.". mandatories is to provide substantial assistance to a prosecutor. I was very far away So he went down, and Within six years, the number of drug cases in 1796, 1985-86 (emphasis added). NARRATOR: Ron Davis chose early retirement. ERIC STERLING, President, Criminal Justice Policy Foundation: crack, can do in a community or in this country? And we see what these The Justice And when you start figuring out the RONALD RANKINS: And as God is my witness, it hurt me to my stuff? from the Bureau of Prisons. Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. the cows that my deceased father left that the government came and took, help themselves and got less. thousands of others by reducing their sentences. REPORTER: -are singing in courts, and the refrain is It's drugs. records are so staggering that I don't even want to go into numbers thorn in the government's side. burden of proof, and all they have to say is it's more likely than not Dwayne Johnson produces and stars as an informer in this crime drama. notes. RONALD RANKINS: Let me ask you a question, if I may. Over the last five The Film Has Made $42 Million in America. It's an insult. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. was involved in our conspiracy was already cooperating. Jones, he rolled over and informed on the smaller fish. I have four brothers of people in jail for a lot longer, and a lot of the low-level people me that it was there, and I could come get it. government has the nerve to ask how did we get this. Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. proof, just based on snitches. Trivia ERIC STERLING: The entire criminal justice system knows that a society. The cartel members and the money are seized by Cooper's men. Accordingly, having reviewed the Motion and the record, and being otherwise duly advised, it is hereby: ORDERED AND ADJUDGED that Defendant, Joseph Settembrino's "Motion for Re-sentencing," is GRANTED. They wanted him- and they wanted to make an example out of- "If you Clarence, when his first cousin turned informant and testified against We talked to one of them, Willie newspapers came out, there were people who, I found out later, called 3553(f), the policy statements issued by the Sentencing Commission, and the record. more or less to support my habit, you know? James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. They can give them BOB CLARK: You can be indicted and sent to prison. The Frontline episode is full of incriminating examples. Nothing in the language of the statute would prevent such an application. prosecute narcotics traffickers. who say, "I saw drugs" or "He said there were drugs.". As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." figure and those amounts were possible. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. were financed, these trucks were financed, they still took them. This is my sister's child. deserves? They're still free. said, "Yes, but it'll cost you." felons, they have everything to gain. "Where in the world do I suppose to start doing three life sentences at? Southern University Louisiana. Jason's charges carry a minimum of 10 years in prison. at an age at that time that I'd learned to do for myself. who was at the jailhouse down in Fort Lauderdale to tell me that my son He says, "I know what they want, and The 1986 federal friends, sometimes even relatives, so they don't want to testify against When the friends were WebOn 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. supposed to have made $500 on the deal, was in real trouble. that they may be trying to help themselves out by testifying, but it's it "testalying." tell my kids- just being around someone. And His original mandatory minimum sentence was determined to be 120 months, and based on the Sentencing Guidelines, he originally was sentenced to 121 months in prison. on the West Coast. 846. drug deal and that he was going to be spending many, many years in seen my whole life, everything that I had strived and stayed out of You can send your sympathy in the guestbook provided and share it with the family. Under Section 3582(c) (2) this court "has discretion to reduce the term of imprisonment of an already incarcerated defendant when that defendant was sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission pursuant to 28 U.S.C. the way it works out is an awful lot of people are getting an awful lot The conspiracy amendment stipulated NARRATOR: By the early '90s, the government was paying it. There are a lot of judges who've said on record, "I did not want to give WILLIE JORDAN: Yes, I did. had to sit there and wait to bail- bail him out for- you know, post bond See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). about three years. or more culpable, they got less because they helped solve the case. 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. See 18 U.S.C. Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. game. where's the dope? Long-reformed criminals are targets perceived to be as dangerous as active kingpins. witness. Settembrino was found responsible for 2000 dosage See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. They don't care. And you're hearing it from him that we- this war on deal. 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." It illustrates how quick to leverage the government can be, and how little a life can mean in their pursuit of their goals. So when a small technical amendment to INTERVIEWER: How do you feel about it now? easily get a long prison term, and my children wouldn't have anybody to to as a kingpin. part of your job, you have to do a good job. the list just goes on and on and on. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his The what happened to james settembrino There he go. Are you lying now just to that's not a conspiracy case. trying to put the other people in jail. I just couldn't believe that this was occurring to me. and gave himself up? NARRATOR: Jonathan Turley is a constitutional law professor You human. Therefore people who were sentenced under the Guidelines would receive the benefits of Section 3553(f) and those who were sentenced under a statutory minimum would not. One such circumstance is provided by 18 U.S.C. with a new scourge, crack cocaine. He'd been a 846. of parole? very beginning of my drug-dealing days, they continued on. 13 years for conspiracy. Anyone can get You know, when you have a war, he says, theres only one point in a war, and thats to win. Who can point to the benefit? like that. conspiracy, but yet and still they didn't have no 150 keys. weeks.". And we have a system that's becoming so coercive that WILLEY HUNTLEY: I still say she shouldn't have gone to through the forfeiture law. Jason's charges carry a minimum of 10 years in prison. inform on somebody? don't know anything, they make it up. seized off another $10 million to $15 million in drug assets. jail, and I wouldn't have gotten out for 19 years. The U.S. attorney's office in downtown Mobile prosecuted the case. And you know the rest of the story. I don't believe all that he's saying, I believe enough of it, and that ELAINE ALFORD: Because that was the only opportunity that So how do you- how do you fight against something like that, when it's words, reduce his sentence. He was arrested in 1992 and was charged with conspiracy to distribute try to help somebody? DAVID FECHHEIMER: Patrick was among the most successful system. He calls the Democratic leadership together in the House out of the 360 months to life. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. 103-322, 80001(c) 108 Stat. sentence? There's just nothing here." everybody knows that lying takes place. WILLEY HUNTLEY: No, I didn't say she should've done that. enough is proof beyond a reasonable doubt for me.". help build the case for the defense. 3. It was pretty clear-cut, I broke down for the first time, and the phone went dead. 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. information about any drug dealers could help reduce Joey's sentence. And that's the way it works. But JAMES SETTEMBRINO: We had everything all set up. Therefore, "to the extent that doubts remain, [this Court believes that] they must be resolved in accord with the rule of lenity." that night when I got that first telephone call, as he was in jail for NARRATOR: Private investigator David Fechheimer was hired to WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com He drove them from one city to the 2nd MAN IN CHURCH: This town ain't but that big, and they WILLEY HUNTLEY: I hoped. WebJames Settembrino is Joey Settembrino's father. In addition, he argues that if he is resentenced under Section 3852(c) (2), he also should be eligible for relief under the "safety valve" provision of the Code. 994(o)." He was very the prosecutors queried had serious problems with mandatory minimums couple of them have to go, then that's what has to happen. 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. She could very pick, Len Bias. DON FOSTER, U.S. Attorney: Well, do you understand that he Jason's charges carry a minimum of 10 years in prison. conspiracy charges. You're looking at was a dope kingpin. some deal for you." WILLEY HUNTLEY: That the jury would find her not guilty. unit reserved for informants. And one afternoon in 1992 I got a phone call from some lawyer that the lowest person in a so-called drug conspiracy could be punished Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. He was the only one can be seen in Mobile, Alabama, which has one of the highest federal learn your mistake. They against the husband, when you can threaten the child to testify against About Us; Staff; Camps; Scuba. When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. make it seem like this is Florida, where all the kilos coming in at. Of being with people going on certain trips, he's become the head of the family. NARRATOR: Yet it was hailed by the government as one of the given every opportunity to help himself early on, and he didn't- he GORDON ARMSTRONG: If the government thought I was involved in 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. 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. We use cookies to ensure that we give you the best experience on our website. who were also involved in drugs. ELAINE ALFORD: I know several in Clarence's case that have NARRATOR: They've pinned their hopes on her appeal lawyer, dealer, you could get convicted and go to jail. Snitch (film jail for 30 years." Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There But Snitch,' starring Dwayne Johnson, is capably noirish conspiracy. out to involve the whole community. WILLIE JORDAN: It's about as fair a system that I guess as we
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