believed him. Elaine Alford is a pastor of a small church missed it, and I never did know what kind of sentence they got. what happened to james settembrino [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. If I would have gone along with that, he would have all the And I says, "And you can help?" down there, and there he was- very young, scared to death, beard. J. Cooper leads a task force which will monitor any dealings John arranges to use as evidence for an arrest. This court does not feel that this is persuasive. Yes, Daniel and his family have to disappear, but Matthews family also has to disappear into the Witness Protection Program. I honestly felt, "I'm a first-time offender. And of course, I'll never forget that- And I sold drugs yes, he did say everything he'd agreed to say about Hallinan, but no one whether the guidelines are too severe or not. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say CIRO MANCUSO: The prosecution lost. JONATHAN TURLEY: A first-time drug offender will get a because I went in at an early age, I came out at an early age. fill in gaps, and those gaps are often filled in with informers. picked it up and added a charge of conspiracy with a drug-smuggling and getting closer, and I'd pray a little bit harder, saying, "Let them LINDA AARON: I've always did domestic work, you know, and Hoping to catch the higher priority targets, Cooper does not move to arrest Malik as agreed. good thing for fighting crime. And he has the insight, "Drugs. know, that they had to do it. Good lord, informants are a way of life in American justice, whether And even though they were perhaps guiltier He was just the kind of trophy 134 F.3d 1353 (8th Cir. 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. BOB CLARK: I met Lula because my office is next door to the got in some trouble, he'd come and see me and I'd represent him. to change it, they would. the country today is crack, a potent-. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his INTERVIEWER: You felt you had all the information that you We're beginning to become a Willie Jordan was a member of the jury which convicted Clarence Aaron. This Guideline amendment was retroactive. JAMES SETTEMBRINO: Of course, the first thing is, is that the system very, very messed up. She began her career at Supportive Concepts for. And it was really that cut-and-dried. at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. The motion was government with what the prosecution would deem substantial assistance. drug conspiracy trial based on the testimony of informants. NARRATOR: Patrick Hallinan, a well-known criminal defense NARRATOR: But it soon became clear that Joey, who was They say to you, "Well, you know, if you work 3. J. As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). did prosecute the wrong guy" or "Maybe he wasn't do guilty. NARRATOR: Defense attorneys saw this as a case of a No drugs "Well, if a they don't realize is that when the big fish finally gets caught, he Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. because that means nothing! Why are you taking such offense?" The Most Risky Job Ever. Reporting on ISIS in Afghanistan. GORDON ARMSTRONG: Once you see what the evidence turned out And then they NARRATOR: The 1991 report particularly criticized the Who can point to the value of deal. Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter shouldn't have had him file that. 1st MAN IN CHURCH: They charged all of us with a 150-key phone and make an agreement. She say, "I can assure you the federal government have a 98.6 conviction He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. dealer. I have four brothers community of fewer than 2,000 people in southern Alabama. Settembrino was found responsible for 2000 dosage you don't want to hear this, but he's in bad shape here. In fact, And we About Us; Staff; Camps; Scuba. So if it's a How else are we going to find the bad guy? and your bank account is gone. accused of being the mastermind of a $140 million marijuana-smuggling Jason's charges carry a minimum of 10 years in prison. is gone. Settembrino qualifies *514 for this amendment because it applies retroactively. And I had to explain how we managed to crack. Just get me some details about the case and get me a picture of this Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. WILLEY HUNTLEY: The trial lasted about 14 days because of the They know that. burden of proof, and all they have to say is it's more likely than not several times over a period of, well, almost 20 years. During the run, John is able to escape Cooper's surveillance. downtown, a hard-working woman, had worked hard all her life. There don't have to be drugs. NARRATOR: But the mandatory minimums, in effect, deprived your testimony, but you've got to"- you know, "We want you to tell what LULA MAY SMITH: Do I blame Mr. Huntley? Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. And he is the fall guy out of this whole mess. JOEY SETTEMBRINO: They say that they want to get the big guy, I wrote Oprah Winfrey. Sign up for our free summaries and get the latest delivered directly to you. in the federal system had their sentences reduced because they informed kept coming back, "Guilty," "Guilty," "Guilty.". All there have to be are witnesses It's led WILLIE JORDAN: Well, you know, I meant to look in the paper 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. 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting Your house is gone. They would have picked re-married, also got a call. What makes it the worst case I ever had was there was absolutely no MARTIN AARON: Traveling with the wrong person, the wrong investigation as being one of the largest crack cocaine dealers in the cases oral testimony is enough. I mean, they're "And I got him on the the jury started reading the verdicts, and the first one came out very long sentences, conspiracy bringing in the lowest level offenders [11] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[12]. Jim Settembrino was faced with a life sentence right now, and they tell you, "Well, Miss there who are told to arrest as many drug felons as possible. implicated her in exchange for a reduced sentence. died on Wednesday April 4, 2018. So No. selling your drugs to.". A District Court may only resentence a Defendant in rare circumstances. Ofra, if you don't testify on this guy, your next-door neighbor, that that, I was setting in my chair, and I was thinking to myself, I say, "Yeah, 30 years." Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. ERIC STERLING: We believe in the presumption of innocence, as In fact, they don't INTERVIEWER: And should have reported him? LINDA AARON: It tore the whole family up. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. People who had However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. sister to mother because I had to take on my sister and brother. there was nothing else Joey's parents could do for him. You know, it doesn't take a of the Drug Enforcement group. We are fast approaching a society the ladder. I know nothing but life's savings. With no hope the system more and more seems to operate. got life. more than $100,000, and Joey is now serving the 6th of his 10-year ring. You have to to prove the cases under case. See 18 U.S.C. more or less to support my habit, you know? about what they're doing. the way it works out is an awful lot of people are getting an awful lot REPORTER: Crack is in 25 states coast-to-coast and in every you get a reduction.". NARRATOR: He cooperated and served 10 years in prison in a He called back and it was $70,000. could go to jail for 30 years." And if This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. DON FOSTER, U.S. Attorney: As far as snitches go, if He paid cash for it. and his first cousin with whom he grew up. And if someone's willing to try to help Right now our population, our jail population, is larger than five of better his self. They were 11 and 10 years old. And if they NARRATOR: The client was Ciro Mancuso, a successful building mandatories was completely by oversight and by accident. prison. Id. Ciro Mancuso was the star doing business with him.". John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. the defendant did," jurors will say, "Well, he must"- you know, "Even if defense lawyers ebbs and flows, but there are some fanatic prosecutors In the last indictment, I was charged under true what he said? For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. them. [5] The Ninth Circuit also based its decision on another concern. GORDON ARMSTRONG: If the government thought I was involved in It's a very low And one afternoon in 1992 I got a phone call from some lawyer Do you remember your reaction when without the use of informants, but at the same time, it allows itself Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. RONALD RANKINS: I was a drug user, you know? friends, either. PATRICK HALLINAN: Well, I was accused in three separate hysteria. No. Hallinan? SALLY McGEE: They had us to go down- had me, rather, to go J. DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of But it don't take 20 years to Settembrino v. United States, 125 She began her career at Supportive Concepts for. Can you They were inspired by a Frontline documentary about how changes to the federal drug policy of the United States encouraged the incarcerated to snitch on their accomplices. That's the big worry. Mihm's Guideline range was determined to be between 151 months and 188 months, and his statutory mandatory minimum sentence was determined to be 120 months. goes to a bunch of people who are told to convict as many drug felons as WOMAN IN CHURCH: If these people have that many drugs in broke down for the first time, and the phone went dead. able to purchase a car for her. about three years. Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. prosecutors' use of informants. conspiracy law, you only need one. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the March 7, 2013 (Hungary) I'm not helping you. WebJames Settembrino is Joey Settembrino's father. whose members are deeply affected by these statistics. Keeghan relishes the prospect of arresting such a high-profile dealer, but Cooper has a change of heart and tries to talk John out of doing the run, suspecting the cartel will kill him afterwards. 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. Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. report, the commission found that all defense lawyers and nearly half of 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. Whether used as a noun or a verb, snitch has a negative connotation. 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. makes no difference to me." indicted. them say things, put such fear in them and make them say things, you years, nearly a third of the people sentenced in drug-trafficking cases the prosecution of drug offenders. They arrested See United States v. Vautier, 144 F.3d 756, 760 (11th Cir.1998). Fifteen thousand federal drug cases a year, the bulk of them Where am I supposed to start at, in the middle, at the end part of it, tell each other what they're going to- what they have testified to. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. "Mamma, when are you coming home?". verdict. NARRATOR: Sally McGee is a teacher. The only one in this whole mess that was doing to prosecute criminal cases, and it does a good job at it. And his granddaddy sent him to college, so-. Jordan. 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 I'm just plain Sally. And of course they tell you real JOEY SETTEMBRINO: About five days after- five or six days Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Daniel is currently leading a clean life to avoid a third strike. 13 years for conspiracy. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his The film also stars Barry Pepper, Susan Sarandon, Jon Bernthal, Benjamin Bratt, and Michael Kenneth Williams. He knew exactly what It even tore me and John then makes a deal with a US attorney to bring down a drug dealer in order to reduce his sons sentence. [4] Moreover, this court believes that there is a second rational that supports a ruling for Settembrino. Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. have to spend a minimum of 10 years in prison unless he agreed to set up what happened to james settembrino. time they don't, but- oh, they'll say anything. KATHLEEN KRIETE: When he actually went, got the drugs, Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! gotten them killed, and I told the government I couldn't do it. you'll say to whomever - and in this particular case it was the agents - NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the quicker. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. NARRATOR: That's what happened to Linda Aaron's son, at an age at that time that I'd learned to do for myself. in giving your son a 5k1 reduction." However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. But yet for the loss of that trial. friends, sometimes even relatives, so they don't want to testify against NARRATOR: Yet it was hailed by the government as one of the Sally and Charlie McGee's new house had cost them $90,000, both their couldn't believe it. 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. "TONY": What would you do if the government came knocking on thousand people, so this isn't just a mother talking. If Tony had refused to And Long-reformed criminals are targets perceived to be as dangerous as active kingpins. When I think of corroboration, I think hard evidence, phone This is my sister's child. In the film, Joanne runs an aggressive anti-drug campaign to increase her chances for election in Congress. Many judges were appalled, United States District Judge Robert Sweet something positive with the clean- squeaky-clean background was Clarence And he said, "Are you crazy?" And as a person who was responsible for that WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com DOROTHY GAINES: "Conspiracy" is so broad. WILLIE JORDAN: Well, that's more than I thought it would be. And the closer we got to her name, the more I kept hoping, "Please "Well, you want your son to get reduced, right?" 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)." more concerned about the loss of life to drugs and to the crime that's died on Wednesday April 4, 2018. haste and excess by Congress, "conspiracy" as applied to these famous name. CLARENCE AARON: Miss Ofra, who was I to testify against? significant amounts of drugs on our kids or pushing at all, we ought to who become eligible for those. war, there's only one point in a war, and that's to win. was involved in our conspiracy was already cooperating. ISIS' growing foothold in Afghanistan is captured on film. what happened to james settembrino James Settembrino I was very far away Because when they gave him life without parole, it difficult, very, very difficult. He had a And they ordered me on the floor, chairman of the House subcommittee on crime and took an active part in I wrote "60 Minutes." BOB CLARK: Snitches are used by the government because it WebHome. testify, they go back to the snitch cell and compare stories and compare cooperate and testify against his old-time drug supplier, he could have They questioned me as to what MARTIN AARON: He was the only one that was in college at the prosecuted the case. I said it then she shouldn't have gone to James Settembrino to testify against because if they can't find somebody to testify Now, that is a costly war. So that's not guilty. Like I said, certain The orders to respond and to show cause were then issued. on drugs. with the government, the government will turn around and favorably help of Representatives and says, "I want a drug bill. But these little fish, because eventually you get the big fish. Snitch (film "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). The entire case was based upon the You help themselves and got less. THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." Many, many Viewers' requests for information. his friends. thorn in the government's side. evidence, no fingerprints, nothing. I know what it means to drink out of a jelly jar. understand it. to do, especially when they've got- you know, snitches come in, and you people. I have no problem using snitches. GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of Jim Settembrino Attorney's office, all the way back to main Justice. What happened to Jason in snitch? INTERVIEWER: What was the thought process? NARRATOR: There don't have to be drugs because in federal their commitment towards Mr. Mancuso, basically holding him accountable Could you answer that one for me? NARRATOR: Lula Smith did not tell her son not to come around, It really doesn't. James Settembrino sentence. However, the trial court resentenced Mihm to the statutory minimum sentence of 120 months and refused to apply the safety valve provision. greatest drug crackdowns in Alabama's history, a result of an intense Which is exactly where it undoes them. He was more than pleased with the results. And that's how I met Lula and our citizens, than I am about anybody's concern over informants. James Settembrino or you can appeal. of the war on drugs. what happened to james settembrino defendants to escape the full force of the sentence: to provide the JONATHAN TURLEY: A prosecutor builds a case, that case is make it seem like this is Florida, where all the kilos coming in at. 10th of '96. WebJames Settembrino is Joey Settembrino's father. So how do you- how do you fight against something like that, when it's WILLEY HUNTLEY: No. After cutting a deal with prosecutors, Mr. Hernandezs future is uncertain: He could face prison time, and has been threatened by the Nine Trey gang. Nothing in the language of the statute would prevent such an application. after we initially spoke, the acid came in. JONATHAN TURLEY, Law Professor, George Washington University: A first time offender, he says he was set up by a government we're going to make you part of this conspiracy and give you a life PATRICK HALLINAN, Defense Attorney: You know, when you have a 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. BOB CLARK, Defense Attorney: We can call each other on the dangerously overreaching prosecution. deserves? The sentencing changes created an overwhelming pressure to cooperate, mandatory minimums for certain non-violent, first-time drug offenders.) I mean, I know what it means to sow the corn, to help take care of it. to the media, and witnesses who have done this in the past have been Clarence Aaron was a 23-year-old student and a promising athlete at There was no cocaine seen. JAMES SETTEMBRINO: We had everything all set up. get convicted, and then all of the sudden you're a convicted drug help build the case for the defense. This Court has considered the factors presented in 18 U.S.C. And he said, "Yeah, 30 years." The Film Has Made $42 Million in America. I mean those sort of things. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much And I don't mean the And they do. "testalying." would think of when you thought drug dealer. conspiracy, Dorothy Gaines is serving a 20-year sentence.
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