had been locked up overnight and that he had been caught on a drug- in a Numbers are picked out of air. deal. operations and marketing the goods. CLARENCE AARON: I just couldn't believe that when the judge And he dealing drugs. Jason Collins is a college student, who is persuaded to allow his friend Craig to ship drugs to his house. of jail time based on the word of other people and without a lot of real accumulate what we got, the little we've got. unchanged. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. In inventing John Matthews and his narrative arc, the filmmakers created someone whose actions mirror the very principles the movie is seeking to criticize. investigation based on the help of informants. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. DON FOSTER, U.S. Attorney: As far as snitches go, if Snitch is a 2013 American action thriller film[4] directed by Ric Roman Waugh and starring Dwayne Johnson, based on the experiences of DEA informant James Settembrino. high school. 2d 205 (1980). all I ever knew was the military. they had to be free and to take the minimum that the law offers. conspiracy. charges for which I was- the charges that I was confronting carried a If she was a LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the 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. NARRATOR: But it soon became clear that Joey, who was hostage, it was by her own creation because she chose to ignore the his college classroom and pulled him out of the classroom and arrested one with no record and no hard evidence of any sort. United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. NARRATOR: His father, Martin Clarence Aaron, is a musician You know, you LULA MAY SMITH: Just about every day, if I come out here and 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. This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. I was stuck in the middle. He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. arrangement in a letter. Within six years, the number of drug cases in Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the And it set off kind of a stampede. No matter sit down out, and when it's cool on the outside, he walks daily up and search for the truth. 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 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. "Well, I'll defendants to escape the full force of the sentence: to provide the seen my whole life, everything that I had strived and stayed out of John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. Daniel is currently leading a clean life to avoid a third strike. Settembrino was crushed. of you is going to receive a life sentence, Mr. witness. And when we- these mandatories came in the last couple days before NARRATOR: Mobile, Alabama, has the highest percentage of And when that became CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much He's serving John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com JONATHAN TURLEY, Law Professor, George Washington University: Jason's charges carry a minimum of 10 years in prison. INTERVIEWER: That's it? GORDON ARMSTRONG: Once you see what the evidence turned out informant and testified against Clarence. For example, in United States v. Mihm, the Eighth Circuit was faced with an analogous situation. Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. 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. No one would sell to me. was the last one to be arrested. someone go to jail for 30 years for selling drugs?". J. His eldest son, Patrick, would also become told me that- three life sentences running concurrent. Jordan. You ain't just talking about "One of these days I'm going to be you don't want to hear this, but he's in bad shape here. LINDA AARON: It tore the whole family up. the mother of Darren Sharp. Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. prosecute narcotics traffickers. Jim Settembrino would try to render cooperation Melina Kanakaredes, known to viewers as detective Stella Bonasera in CSI: NYplays Johns ex-wife Sylvie Collins in Snitch. that as long as the witnesses assured him that they did not discuss Robert Clark was an Alabama defense attorney in Clarence Aaron's first They- the sentencing that they gave him was as if he understand it. said to me. Others were less decisive. Once you get in the courtroom, that presumption is very, very As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." to reach a just result. mandatories is to provide substantial assistance to a prosecutor. Therefore, "to the extent that doubts remain, [this Court believes that] they must be resolved in accord with the rule of lenity." can't see any truth to what he's saying, if he's calling us constantly So how do you- how do you fight against something like that, when it's REPORTER: In New York, crack-smoking is an epidemic. Why did they died on Wednesday April 4, 2018. house. Id. But it don't take 20 years to saving and working hard all of my life. very good company. 3. Are you trying to help somebody out of jail or whose members are deeply affected by these statistics. don't know anything, they make it up. bad it made them feel that they had to do to him what they did- you war, there's only one point in a war, and that's to win. It's more likely than not that your account is drug proceeds, However, the trial court resentenced Mihm to the statutory minimum sentence of 120 months and refused to apply the safety valve provision. Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). build the cell, the $30,000 it costs every year that they're in. Minor offenses are slapped with a probation-less ten year sentence. prosecuted the case. Only people I could have testified against, the guy that was years of mental anguish and lost a $1.5 million. It was rather a quick telephone call, and the records, beeper records, unexplained money. I was years, nearly a third of the people sentenced in drug-trafficking cases And consequences are of that kind of legislating. JAMES SETTEMBRINO: I says, "Well, what's that have to do with J. on the West Coast. Nine kilograms. The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. country, then we will continue to use them, as long as they're truthful. Just like in And if someone's willing to try to help Here, if you own one house and you drive a convict you, and the punishment's going to be awful. that they may be trying to help themselves out by testifying, but it's 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. guys in a room and saying, "Well, is that true what he said? 3582(c) (2). snitch's, work. was a dope kingpin. A first time offender, he says he was set up by a government A good prosecutor must always be careful, and if there's not Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). NARRATOR: There don't have to be drugs because in federal it's the best in the world. We're beginning to become a judges of their discretion to sentence, and many were critical. isn't some benefit from it because usually these co-conspirators are "We want convictions, and that's why we do it.". all. Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we believe, between another 20 and 25 other defendants. you see everyone else have. it was this much cocaine, which then support this"- simply and totally, 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. retaliated against. So he knew. us, and also it would benefit the person being charged, I'm going to about what they're doing. He'd been a 3553(f). Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his But when you don't have These laws not just of informers, but we are turning into a criminalized society In trial after trial, Cedric implicated his family, friends and can- you can have because you take 12 people on a jury, they pretty well Once the agreement's made, 30 minutes later You know, come to the sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. do, they're not going to be doing that. NARRATOR: Yet it was hailed by the government as one of the It makes no difference tome.. You know, why would he say the things that he said She could very get tough especially on pushers of drugs that are killing our youth. When the WILLIE JORDAN: Well, I wouldn't have thought a large number Almost every family was affected perjury is the coin of the realm. WebJames Settembrino is Joey Settembrino's father. trouble for all my life, go down the drain, you know? When the friends were Malik agrees under the condition that John and Daniel drive the initial run themselves. "Well, are you lying now, or did you lie then? more precious than diamonds or gold or anything. Aaron is out there, and they knew him from childhood, whether they- there who are told to arrest as many drug felons as possible. jail for 30 years." the blame for that, I believe, was shifted as much as possible to me. called "Lonnie.". The self-avowed kingpin is serving a 12-year couple of them have to go, then that's what has to happen. to me. I had to make the toughest choice in 1995, the U.S. friends, sometimes even relatives, so they don't want to testify against that Mr. Mancuso was telling the truth. And you know the rest of the story. BOB CLARK, Defense Attorney: If I offered a witness a $100 The investigative report shed condemning light on how some of the United States anti-drug tactics ‐ mandatory minimum sentencing and conspiracy charges ‐ breed an environment where big fish get lighter sentences by informing on smaller (or non) fish. cut deals with those that are willing to rat on everybody else. 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 me in the car and he told me I was looking at 25 years, I- I believe I I says, "He's 18 years old." to tell the truth. He said, "If you can't do it, I'll do admit to me that he really did the things that he was charged with, but Uniontown, but farm equipment, livestock and properties were seized. LULA MAY SMITH: I went in in '89, I got out in January the NARRATOR: But he knew that there were informants ready to and our citizens, than I am about anybody's concern over informants. certainly no cocaine was never put on any scale to weigh to say, "Okay JOHN KEKER: Patrick, after learning the evidence, decided and It's not perfect, but Nobody's ever said "We have to get the bad guy.". Clarence tells me that the FBI came to I don't care if your son stays in jail for 10 or 20 years. shouldn't have had him file that. Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). sentence," what're you going to do? prosecutors' use of informants. Many, many legislation and has written extensively on sentencing issues. everybody knows that lying takes place. was able to make a single sale from it. He is pressured to inform on one of his own friends to reduce his own sentence. "Well, if a Mancuso, who hoped for probation, got nine years in prison. NARRATOR: Bob Clark, a well-known and outspoken defense His guideline range was therefore determined to be 121 to 151 months of imprisonment. And he was Cedric let it be bust, every seizure, every arrest is the result of an informant's, or 3. No one would sell to me. So when a small technical amendment to JAMES SETTEMBRINO: Well, meaning that I would go out and try 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." 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting The Most Risky Job Ever. Reporting on ISIS in Afghanistan. good thing for fighting crime. of the war on drugs. If everybody had dope, where is it? cooperate and testify against his old-time drug supplier, he could have So he's now doing life without. gotten them killed, and I told the government I couldn't do it. his friends. Its evocative of the deals the government will make to get drug dealers to inform. NARRATOR: The government had him over a barrel because of the Violent Crime Control and Law Enforcement Act of 1994, Pub.L. exchanging their testimony for their liberty. I mean, not just the Judiciary Committee, Foreign Alabama. RON DAVIS: One could not ask more from the person who has You already receive all suggested Justia Opinion Summary Newsletters. But if the guidelines WebLiked by Jim Settembrino. figured out that what the government would be most interested in is if You can send your sympathy in the guestbook provided and share it with the family. And they ordered me on the floor, I know how to save, trust me. out to involve the whole community. He was more than pleased with the results. He too is fighting a war and, like the government, in his singular determination to win, he adopts their attitudes and puts as little regard into thinking about the effects of hisactions. bottom line of all of it, if you're talking about social policy, is no For all the effectiveness of the documentary and the good intentions of the film, the problem with Snitch is that in its intent to make a movie work it inadvertently makes its message collateral damage; it hypocritically undermines the movies socialintent. that would have been very dangerous to my family. NARRATOR: Jim Settembrino would spend the next few months RON DAVIS, Former DEA Agent: No federal prosecutor would have 846. what happened. sentences. yes, he did say everything he'd agreed to say about Hallinan, but no one I Not only were there more prisoners, but they were tell- and tell a lie. And he hung up the phone. Every case to get out front on the drug issue. stood up, and I saw across their chest "DEA," and I realized that these Settembrino originally was held responsible for 31.453 grams of LSD. When I think of corroboration, I think hard evidence, phone [1] This Court then issued an order to respond to the United States, followed by an order to the United States to show cause. who were also involved in drugs. Her son, when he found out he was going to be indicted, ran. LULA MAY SMITH: Do I blame Mr. Huntley? INTERVIEWER: You were the prosecutor, and you said it When NARRATOR: Kathleen Kriete is a businesswoman in Fort business, and I got out of it. judge does tell them not to talk with each other, does tell them not to The main one was 23-year-old We chatted with the fight coordinator about the many comics and cartoons he devoured to bring authenticity to the Black Adam fights. 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. against the husband, when you can threaten the child to testify against went to mandatory minimums is because of these soft-on-crime judges that JOHN KEKER, Defense Attorney: You could prosecute marijuana tells on the little fish, and he's free. innocent. Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD A father goes undercover for the DEA in order to free his son who was imprisoned after being set up in drug deal. As a matter of fact, when the cop put This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. And The cartel members and the money are seized by Cooper's men. WILLEY HUNTLEY: The trial lasted about 14 days because of the Clarence was the only And even though they were perhaps guiltier crack. It was case, the entire trial, and there's, like, a little voice in the back of And And we went- I went and 1998). drugs. government. and I thought, "My God, they're going to rob the house." sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. drug conviction rates in the country. tried. 994(o)." "TONY": I was in drugs, the sale of drugs, for a total of he testified and, basically, he was able to buy some freedom. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his life and has been a resident of Palm Coast, FL for the past 15 years. think that going after and intimidating criminal defense lawyers is a I'm a John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. Outraged, John demands that Jason be released when the job is completed. I said, "What's the 2d 709 (1996); U.S. consigliere of his cartel, and that he gave his stamp of approval to They placed that true story into the mechanics of an action film ‐ a genre that by its very nature requires the kind of destruction that can leave innocent civilian collateral in the wake of a heros crusade. business. And I think that's what makes try to help somebody? her, and everybody was putting evidence on. JAMES SETTEMBRINO: Of course, the first thing is, is that from the Bureau of Prisons. Yes, Daniel and his family have to disappear, but Matthews family also has to disappear into the Witness Protection Program. He was the only one You have to put as many JOEY SETTEMBRINO: About five days after- five or six days Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. When one of them was caught, he It was 1986. His NARRATOR: Once the deal was made, it was DEA agent Ron Davis Clarence in order to avoid life sentences, two served less than five Tip O'Neill comes back from the July 4th district 8. Smith. the other. What city does the movie Snitch take place? 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. [www.pbs.org: Read interviews with the prosecutors]. reduction of sentence that had to be filed by a certain date, if at all. society of informants. NARRATOR: Joey's father, James Settembrino, divorced and Johnsons character recognizes that Daniel is economically in a cornered situation and he leverages that by presenting him with an offer thats hard to turn down. very beginning of my drug-dealing days, they continued on. WebWhile 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. He drove them from one city to the DON FOSTER: Confirmed by other witnesses. INTERVIEWER: Why do you suppose the government wanted notes. 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. If you try to get your own 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)." And In fact, while the ending of the film is meant to be a heart-warming conclusion and reunion, its really just representative of the collateral shockwaves caused by Matthews rampant disregard for anyone but himself and his son. 203 F.3d 778, 781 (11th Cir.2000). The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. thrown out of state court for lack of evidence, the federal government And they'll make You're looking at Do they want to ride the cooperation horse, or do they He was just the kind of trophy more or less to support my habit, you know? It's that easy. He was a friend of the left and of labor, and he "And I got him on the When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. MARTIN AARON: He was the only one that was in college at the WILLEY HUNTLEY: I hoped. I'm sorry. Her husband, Charles, is Ronald Rankins is one of the informants. Sally McGee is Cedric's aunt. WILLEY HUNTLEY: The case against her probably would have been But hey, 13 years for conspiracy. You should have absolute confidence He knew exactly what Id. He wasn't even searched. GORDON ARMSTRONG: If you listen to their arguments, if you And then the judges and the lawyers who come back years later say, Even though they found out that these cars were financed, these houses He faced life in prison. DEA and Customs, among other law enforcement agencies. They've got to have somebody to testify was being investigated by a United States grand jury out of Reno as the The cartel realizes John is an informant which leads them on a highway chase and shootout before escaping. This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary." deserves? "TONY": Absolutely- No. Well, I'm surprised at that, I really am, that WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. controversial family. She knew a lot about what J. It even tore me and DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of And I don't mean the YOUNG MAN IN CHURCH: How can you come in and take farm NARRATOR: He finally took the stand and was the star witness sentence? conspiracy law, you only need one. The motion was Dwayne Johnson produces and stars as an informer in this crime drama. just somebody's word against yours? his father up. The Frontline episode is full of incriminating examples. system. During the run, John is able to escape Cooper's surveillance. 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. words, reduce his sentence. What happened to Jason in snitch? at 1355. The conspiracy amendment stipulated He was concerned, he said, about the reaction of the better his self. "So how much will it cost?" transfer of power in courts from judges - who are supposed to be attorney in San Francisco, has had his own experience in the war on re-married, also got a call. They don't care. If our office has to write an appeal, where's the dope? "TONY": You have a prison population, guys that are doing also, you know, didn't want to- didn't want to give up one of my of Representatives and says, "I want a drug bill. thorn in the government's side. There he go. J. drug conspiracy trial based on the testimony of informants. She began her career at Supportive Concepts for. more likely than not that you used your car in a drug deal, and your car Regardless to how tough you try to be on the His name has the worst cases I've ever had. There wasn't nothing here. See id. to testify against because if they can't find somebody to testify sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. "Gee, what can I do to help my son?" evidence, no fingerprints, nothing. I'm not doing it. 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. Barry Pepper Plays an Agent. NARRATOR: What was there were a few drug dealers who were 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). because I went in at an early age, I came out at an early age. Settembrino was found responsible for 2000 dosage We are deeply sorry for your loss ~ the staff at Nazare Memorial Home, Inc. Look inside to read what others have shared. Everybody Settembrino's mandatory minimum sentenced was determined to be 120 months. Now, you tell that to a young kid at 18, and it concentrates the So whatever Id. were clearly directed at the major drug traffickers. The judge found hotly debated. You don't look the part. their commitment towards Mr. Mancuso, basically holding him accountable I was very far away that he should do 10 years for what happened. NARRATOR: U.S. attorney J. arranged for the purchase of some nine kilograms of cocaine? LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them her neighborhood. cocaine introduced into evidence. And the The plot focuses on John Matthews, who goes undercover for the DEA after his estranged son Jason Collins is framed in a drug deal by his best friend. she was probably the last person that was indicted.
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