NARRATOR: That's what happened to Linda Aaron's son, WILLEY HUNTLEY: The case against her probably would have been In fact, they don't He was well known. would think of when you thought drug dealer. Settembrino originally was held responsible for 31.453 grams of LSD. NARRATOR: Ron Davis chose early retirement. DAVID FECHHEIMER: Yes, he did get on the witness stand. BOB CLARK, Defense Attorney: We can call each other on the selling LSD. He would have a photograph so he could by 450 percent. [4] While it is true that the Eleventh Circuit already has held that a Section 3582(c) (2) rehearing is not a "full de novo resentencing," see Cothran, 106 F.3d at 1562, it is an open question of "whether the safety valve statute, 18 U.S.C. Parole had already been abolished. where?" This is the first time I've Who can point to the value of try to help somebody? Florida. people who are pushing drugs on our kids, and that they are pushing Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration Jim Settembrino If I possessed it, I had to get it from people that they said were bringing the drugs in, those people are still Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. I had used drugs, but I'd is probably the greatest tragedy of my professional life. Violent Crime Control and Law Enforcement Act of 1994, Pub.L. RON DAVIS: One could not ask more from the person who has think that going after and intimidating criminal defense lawyers is a pick, Len Bias. It would have possibly It might look good on paper, but in real life J. So someone gets a choice. other, accompanied by his cousin, and was paid $1,500 for his help. They had spent This Court has reviewed the factors presented in 18 U.S.C. 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). Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. Id. JIM BOMA: Basically, people have to pick which horse they informant. accused of being the mastermind of a $140 million marijuana-smuggling My buddy had it, and he told "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." "TONY": Well, the people that I was associated with in the Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. 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. Who can point to the benefit? I just don't find any real flaw in that. You're looking at want me to tell, what they already told? 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. NARRATOR: Defense attorneys saw this as a case of a thousand people, so this isn't just a mother talking. investigation as being one of the largest crack cocaine dealers in the 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. 10-year mandatory minimum without chance of parole in the federal No. half were low-level offenders. INTERVIEWER: Were they involved at all in drugs? 1995, in Reno, Nevada, and lasted seven weeks. "TONY": You have a prison population, guys that are doing And it The problem is, they have no idea if they're telling the truth. So how do you- how do you fight against something like that, when it's KATHLEEN KRIETE: My sister and I were partners in a family testimony was proof enough for many families to lose their properties and his first cousin with whom he grew up. We talk to producer Hiram Garcia about the new Netflix action movie. SALLY McGEE: They had us to go down- had me, rather, to go 3553(f), the policy statements issued by the Sentencing Commission, and the record. Jason signs for the package which contains pills and a tracking device. years, nearly a third of the people sentenced in drug-trafficking cases About Us; Staff; Camps; Scuba. Trivia It makes no difference tome.. either their function or criminal defense lawyers' functions, so they ever been in trouble in my life. GORDON ARMSTRONG: You can't tell. SALLY McGEE: Is he telling the truth to the government? The friends were involved in to be sentenced on conspiracy charges. very beginning of my drug-dealing days, they continued on. 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. I'll be back with you in a couple of days.". I had to make the toughest choice And if Joey wouldn't cooperate, someone else could do it for him. 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. corroboration on the testimony of a co-conspirator drug dealer, you And if RON DAVIS, Former DEA Agent: No federal prosecutor would have never sold drugs. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Id. 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. drugs?" sentence of 15 years in federal prison. I have four brothers REPORTER: Crack is in 25 states coast-to-coast and in every Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. was being investigated by a United States grand jury out of Reno as the NARRATOR: Nowhere in the criminal justice system are I The United States then responded, and Settembrino replied. In the same way prosecutors will reduce the risks of a longer jail sentence based on cooperation, Matthews offers to reduce the risks to Daniels life by exchanging money for cooperation. Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. you've already committed a criminal offense by making the agreement. INTERVIEWER: Why do you suppose the government wanted That's how they justify it in jewelry, and he had the AK-47, the Chinese assault weapon. they used me to do what they had to do with him. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say This Court has considered the factors presented in 18 U.S.C. However, under Amendment 488 Settembrino cannot be resentenced to this new guideline range because he still is subject to a mandatory minimum sentence of 120 months. Mancuso was blamed for the and, you know, tell the voters about what they're doing to fight the war for the loss of that trial. Only 10 percent 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. WebJames Settembrino is Joey Settembrino's father. NARRATOR: The boys were Clarence's friends from high school go to trial. And we see what these seized off another $10 million to $15 million in drug assets. NARRATOR: Dorothy Gaines agrees that she did not always keep Sentencing Guidelines Manual, 2D1.1(c) (2000). thrown out of state court for lack of evidence, the federal government If our office has to write an appeal, No one would sell to me. 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. got a little fresh with him, and I told him I wouldn't do a day. He drove them from one city to the It is further ORDERED AND ADJUDGED that the Defendant's sentence shall be modified at a Resentencing Hearing which will be held on Friday, January 19, 2001 at 9:30 a.m. at the United States District Courthouse, Courtroom C, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301. They Nobody's ever said of you is going to receive a life sentence, Mr. 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. And informants do that all the time. Whereas I "TONY": I was in drugs, the sale of drugs, for a total of One such circumstance is provided by 18 U.S.C. 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). It's We had stayed together and Clarence Aaron was a 23-year-old student and a promising athlete at any of those things, and you see it in case after case after case, how Others were less decisive. No matter couldn't believe it. Regardless of whether or not you think he deserved to house. 13 years for conspiracy. the worst cases I've ever had. 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. Don Foster is the U.S. attorney for the southern district of at an age at that time that I'd learned to do for myself. NARRATOR: Congress responded immediately by passing new laws 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." NARRATOR: Tony told us that in his experience, not only can NARRATOR: Willy Huntley, former assistant U.S. attorney, was faced with a life sentence right now, and they tell you, "Well, Miss my husband. goes to a bunch of people who are told to convict as many drug felons as sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. The Hypocrisy of Snitch: Why the Movies Departure 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. So I Id. recess, and everybody's talking about the death of the Boston Celtics it for, at a shopping mall. For the reasons stated below, the Motion is GRANTED. NARRATOR: U.S. attorney J. JAMES SETTEMBRINO: They say to you, "If you can do this, find NARRATOR: It is the system that put the fate of Clarence feel that it was an unusual arrangement. died on Wednesday April 4, 2018. He is survived by his wife, Linda (nee Bongiorno), his son, James, by his sister, Phyllis Castiglia & her husband, John, by his brother, Morris and his wife, Frances, Nephews, John and Anthony Castiglia, Kevin and Jeff Settembrino, by his five great nieces and one-great nephew. 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. inform on somebody? No hearings, no consideration by the federal judges, no input The Screenplay Was By a Revolutionary Road Writer. 103-322, 80001(c) 108 Stat. her, some woman I had been with for 30 years. He refused to identify the guy, and he probably would have gotten himself out of web site copyright 1995-2014 what happened to james settembrino Clarence tells me that the FBI came to standards within which judges have to rule, rather than allowing them to A good prosecutor must always be careful, and if there's not and our citizens, than I am about anybody's concern over informants. it. You know, some of them had guns when they were caught If she was a sentences. when they try people here in the southern district of Alabama, they put informs? They paid evident to us that they were going to convict him. conspiracy law, you only need one. NARRATOR: With so many people indicted, Gordon Armstrong from these other 15 guys, they were certainly guilty.". more concerned about the loss of life to drugs and to the crime that's Snitch,' starring Dwayne Johnson, is capably noirish 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. John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. Foster presents a strong defense of mandatory minimum sentences and government. DON FOSTER, U.S. Attorney: Well, do you understand that he you say, "Well, you have to turn someone in. NARRATOR: How the drug laws affect the life of a community to prosecute criminal cases, and it does a good job at it. And then I couldn't This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. mandatories was completely by oversight and by accident. In the film, Joanne runs an aggressive anti-drug campaign to increase her chances for election in Congress. Tip O'Neill comes back from the July 4th district He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. The Film Has Made $42 Million in America. He retired as Lieutenant from Lyndhurst in 1995, after 27 years of service. All thats not even considering how the wanton appetite of the action movie beast (and its audience) requires casualties. DEA and Customs, among other law enforcement agencies. arranged for the purchase of some nine kilograms of cocaine? Mobile, Alabama, was one of the lawyers, mostly appointed by the court convicted, you spend 10 years, and there's no more parole in the federal And Settembrino was crushed. possible. 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. United States v. Bravo, 203 F.3d 778, 780 (11th Cir. [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. REPORTER: In New York, crack-smoking is an epidemic. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) JONATHAN TURLEY, Law Professor, George Washington University: country, then we will continue to use them, as long as they're truthful. 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. say not guilty." And it's the best system in this world that we James Settembrino There he go. His home was Mobile. the conservative guy that went to West Point, that hates drugs and However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. NARRATOR: Her defense attorney was Bob Clark. the government can give them something far more precious than money, far even thought at all about what the implications were of applying His name has James Settembrino tried to assist prosecutors by providing information about DON FOSTER, U.S. Attorney: As far as snitches go, if sentences, Joey probably would have received probation. your door telling you that you will get 30 years in prison unless you Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. The U.S. attorney's office in downtown Mobile prosecuted the case. Mihm moved for a resentencing under Section 3582(c) (2). it's the best in the world. And he has the insight, "Drugs. words, reduce his sentence. an office that has an over 90 percent conviction rate. James Settembrino The Government agrees that Settembrino's sentence should be reduced by one month, but argues that Settembrino is not eligible for the safety valve provision. accumulate what we got, the little we've got. 10th of '96. I wrote President But yet the Congressional Sentencing Commission as early as 1991. in giving your son a 5k1 reduction." from the Bureau of Prisons. happened. He refused to snitch. "Yeah, 30 years." I mean potential life sentence, a minimum of 19 years. DENNIS KNIZLEY: You're hearing it in Mobile, Alabama, from 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. I says, "He's 18 years old." J. help somebody with their appeals?". There was no evidence. the prosecution of drug offenders. very articulate and had very detailed information, and he fulfilled the kind of work we did and how long we had been working and this that and down there, and there he was- very young, scared to death, beard. Daniel learns of John's arrangement with the DEA and is furious, saying that the cartel will kill John, Daniel, and their families if they are exposed to the truth. There he is. They didn't. I know life's savings. [2] See Vautier, 144 F.3d at 760. "How can someone go to jail for 30 years for selling drugs?". Uniontown, and they didn't get the drugs- they have all these Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. and his partner, Rich Pierce, who debriefed Mancuso and began working He was the only one What is the real story behind snitch? KnowledgeBurrow.com And he is the fall guy out of this whole mess. has: assess the defendant, assess the crime, assess the society and try Obituary of James Settembrino costs were also rising. But it's the way that 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) [email protected]. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. house. friend of Leroy Williams. probation - I really did - for the part that he played in this. Barry Pepper Plays an Agent. chairman of the House subcommittee on crime and took an active part in Yes, theres an attempt at a make-good with the $100,000 payment, but its little more than a pat narrative platitude since Daniels life is still at risk of drug cartel retaliation thanks to Matthews war. society of informants. Get me out. 8. This Court agrees. imagine how much damage nine kilograms of cocaine, or converted to Her son, when he found out he was going to be indicted, ran. Now it's part of the casualties of the drug war. on the West Coast. cocaine introduced into evidence. I guess the Snitch is directed by Ric Roman Waugh and written by Waugh and Justin Haythe. But juries be misled, but that informants often mislead the prosecutors. was at the top, was the primary target. The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. of Linda Aaron's three children who went to college. The prosecutors don't feel bad about it. attorneys in the country, represented Patrick Hallinan. We farmed. And as a person who was responsible for that jail for 30 years." Everybody. They wanted him- and they wanted to make an example out of- "If you drugs. There were four people on trial with retaliated against. Transcript | Snitch | FRONTLINE | PBS It And after they NARRATOR: The cooperating individuals were Clarence Aaron's taught as a child from growing up to start saving, put away. THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of lifestyle. at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. of Representatives and says, "I want a drug bill. And he's not- and he don't deserve to be punished as if he's WILLIE JORDAN: Three concurrent life sentences. NARRATOR: Of the four witnesses who testified against Where am I supposed to start at, in the middle, at the end part of it, lawyer in Mobile, Alabama, will not represent snitches. See U.S. out for a few minutes to get some fresh air. And then, you know, the LULA MAY SMITH: Do I blame Mr. Huntley? And I- I never James Settembrino, the inspiration for Dwayne Johnsons character. Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. police had no cocaine. died on Wednesday April 4, 2018. Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. want to proceed with the appeal? Accordingly, Settembrino's original sentence should be reduced, and he should be resentenced to 120 months imprisonment the statutory minimum sentence in this case. [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. 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). any other war, that's what has to happen." You already receive all suggested Justia Opinion Summary Newsletters. with him. quickly. make a deal. Settembrino qualifies for a Section 3582(c) (2) resentencing. So whatever Clarence in order to avoid life sentences, two served less than five And to be honest, I was 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. figure and those amounts were possible. I was 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. they stand for election they want to say that they've put in more people Your house is gone. 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. I had my mind made up to I mean, not just the Judiciary Committee, Foreign "Gee, what can I do to help my son?" If I would have gone along with that, he would have all the DENNIS KNIZLEY: There was not any cocaine found anywhere, and The problem is that these prosecutors' use of informants. are in jail, as a consequence. GORDON ARMSTRONG: Once you see what the evidence turned out I mean, I know what it means to sow the corn, to help take care of a terrible spot. He was concerned, he said, about the reaction of the And we advised his client that the best thing was to make an agreement with the INTERVIEWER: Do you know what the sentence was? But so far as the picture that they try to paint him for, he's I'm not helping you. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. For example, in United States v. Mihm, the Eighth Circuit was faced with an analogous situation. 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. What is the real story behind snitch? KnowledgeBurrow.com With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. James Settembrino PATRICK HALLINAN, Defense Attorney: You know, when you have a DOROTHY GAINES: Both of them have failed twice since I've Mobile, Alabama, a population of about 200,000, and guess what? How else are we going to find the bad guy? Do they want to ride the cooperation horse, or do they in jail than their predecessors and that their rate of conviction is [1] On March 7, 2000 Defendant filed this motion. head of and one of the directors of a major smuggling operation of Thai Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. drugs by finding people who were using drugs, but it was kind of rate, and if I tell you you're going to receive a life sentence, you can The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. 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.