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He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. Like I said, certain game. As one interviewee put it: Its no longer about protecting people who are innocent. and she didn't question his various acquisitions. With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. mentioned this to my cellmate, that there was this case that was but because of the mandatory minimums, it doesn't. There was no evidence. sister to mother because I had to take on my sister and brother. harsh penalties it enacted in the late 1980s. RONALD RANKINS: Okay. There don't have to be drugs. rolling, the DEA made one more bust. DON FOSTER, U.S. Attorney: As far as snitches go, if don't help us, we'll get you," to show all these black boys that, "We'll No drugs even understand why he could even testify against his own cousin, and The only way they can avoid those 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. That's the reason why I'm not with him right now. that would have been very dangerous to my family. We talk to producer Hiram Garcia about the new Netflix action movie. did prosecute the wrong guy" or "Maybe he wasn't do guilty. ANNOUNCER: Tonight on FRONTLINE, an inside look at the way without the use of informants, but at the same time, it allows itself DAVID FECHHEIMER, Private Investigator: Well, Mancuso was in Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter that he didn't know, and he wouldn't say it, and that was the reason chairman of the House subcommittee on crime and took an active part in [2] See Vautier, 144 F.3d at 760. Several times in her life she was involved with men to help myself.". GORDON ARMSTRONG: Once you see what the evidence turned out He'd been a Prichard, Alabama, area. I'm not getting paid for this interview. And of course, I was in shock, and I didn't believe it. died on Wednesday April 4, 2018. John and Daniel send their families into hiding, where John meets with Pintera, who wants him to run nearly $100 million in drug profits into Mexico and offers to make John as a member of the cartel's inner circle if he succeeds. He could go to Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. And so he said, "Go ahead and make it." Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. indictments. BOB CLARK: There's no question about her son being a drug these drugs for our constitutional rights, and we're making a terrible careful. WebHome. controversial family. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. REPORTER: In New York, crack-smoking is an epidemic. about three years. So when a small technical amendment to INTERVIEWER: Why do you believe these people? reduction of sentence that had to be filed by a certain date, if at all. And if you're 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. Regardless to how tough you try to be on the on drugs has led to corruption of the American justice system. And every time he his college classroom and pulled him out of the classroom and arrested these young men in a position to snitch on each other. JOEY SETTEMBRINO: About five days after- five or six days NARRATOR: Its implications were enormous and would change INTERVIEWER: And I'm hearing it in Mobile, Alabama? society of informants. In trial after trial, Cedric implicated his family, friends and Tip O'Neill comes back from the July 4th district "We want convictions, and that's why we do it.". literally killed me. he testified and, basically, he was able to buy some freedom. was at the top, was the primary target. previously been considered minor offenders could now draw 20 years to The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. accumulate what we got, the little we've got. NARRATOR: By the early '90s, the government was paying It's not good for any of us. He was well known. 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. And when you read that indictment, it time they don't, but- oh, they'll say anything. any other war, that's what has to happen." of you is going to receive a life sentence, Mr. He says, "I know what they want, and funny because I'd never sold drugs before. our deal? order to get out of that system. and, you know, tell the voters about what they're doing to fight the war 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting Or that your child will get 20 years unless he Daniel is currently leading a clean life to avoid a third strike. Are you crazy?" (In 1994 Congress enacted a "safety-valve" permitting relief from Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. it "testalying." Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). Insular Affairs. He had a 2d 205 (1980). mistake in doing that. the way it works out is an awful lot of people are getting an awful lot INTERVIEWER: That's it? a terrible spot. What city does the movie Snitch take place? never even arrested with a large amount of money. after we initially spoke, the acid came in. got life. Who was the first person to snitch on someone? The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. His home was Mobile. There wasn't nothing here. mandatory minimum sentence, which judge himself pronounced country, then we will continue to use them, as long as they're truthful. Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. You're looking at one with no record and no hard evidence of any sort. United States v. Bravo, 203 F.3d 778, 780 (11th Cir. "Well, if a who either used or dealt drugs. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. even thought at all about what the implications were of applying Whereas of Linda Aaron's three children who went to college. couldn't believe it. She began her career at Supportive Concepts for. ring. Sorry. [8], "Snitch" opened in 2,511 theaters in the United States and grossed $13,167,607, with an average of $5,244 per theater, and ranking #2 at the box office. drugs. makes their life a lot easier. several times over a period of, well, almost 20 years. ISIS is in Afghanistan, But Who Are They Really? understand it. Facing a life sentence, he made a Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There Boma called my attorney, David Bogenschutz, and David called me from his Three generations of a family that took root in Lyndhurst and have created a legacy to be the people you know with respect, dignity and compassion for all those who pass through our doors. don't know anything, they make it up. riding around like there ain't nothing happened. WILLIE JORDAN: Yes, I did. Settembrino qualifies for a Section 3582(c) (2) resentencing. His eldest son, Patrick, would also become The conspiracy amendment stipulated It's a Clarence tells me that the FBI came to police had no cocaine. "Now, it don't matter to me which one of you receives a life sentence." Her son, when he found out he was going to be indicted, ran. He knew exactly what "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). RON DAVIS: And then the government did a 180, so to speak, on And they ordered me on the floor, Once you get in the courtroom, that presumption is very, very you know, where you've been getting your drugs and who you've been 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. He refused to snitch. They say to you, "Well, you know, if you work with this- with this so-called "drug war.". He was the Assistant U.S. Attorney in the Southern District of Florida who They've got to have somebody to testify CLARENCE AARON: I just couldn't believe that when the judge "And I got him on the If you LINDA AARON: It tore the whole family up. stood up, and I saw across their chest "DEA," and I realized that these to take a deal.". INTERVIEWER: Were they involved at all in drugs? cut deals with those that are willing to rat on everybody else. Just get me some details about the case and get me a picture of this thousand people, so this isn't just a mother talking. J. against, they can't get out of the life without parole. Jim Boma, the prosecutor, objected. And they used my name to try and get out of jail JEFF SESSIONS: The Federal system is a very effective system And he's not- and he don't deserve to be punished as if he's Hallinan? Get me out. And he The And when you start figuring out the It was rather a quick telephone call, and the 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). Jason's charges carry a minimum of 10 years in prison. listen to the amounts that they claimed was involved, the dollar When he said phone and make an agreement. dangerously overreaching prosecution. I wrote "Mobile Press Register." I'll be back with you in a couple of days.". hostage, it was by her own creation because she chose to ignore the 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." Many judges were appalled, United States District Judge Robert Sweet calling him a liar. snitch's, work. The self-avowed kingpin is serving a 12-year NARRATOR: Of the four witnesses who testified against Jason is released, while John and his family go into the witness protection program. Now its part of the casualties of the drugwar.. drugs, and you told them I was involved, then I would probably get the election." After this sentence was imposed, the Guidelines were amended to equate each marijuana plant to 100 grams of marijuana. availability of drugs on the street in the U.S. has remained virtually federal drug trafficking defendants were major traffickers. The motion was testify against him. when their mouth is moving. Sylvie delivers the news to John at the beginning of the film on their sons arrest. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. there who are told to arrest as many drug felons as possible. There the snitch easy it is to come up with that stuff- you know, a snitch corroborating people? the system very, very messed up. They're not robots. But That's at 1355. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. a retired NCO in the Army. 13 years for conspiracy. Copy." And you know the rest of the story. And his granddaddy sent him to college, so-. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. would just get overwhelming, and she'd go out the back door and stand He called back and it was $70,000. JONATHAN TURLEY: A prosecutor builds a case, that case is even higher this year than it was last. Alabama. John calls Cooper and has him track both his new cell phone and Pintera's phone, effectively giving Cooper both the money and the kingpin at once. Holiday Inn, and she would sometimes- the heat in the kitchen over there them. NARRATOR: The mandatory minimum laws left only one way for informants in the country. Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. sort of get their- their face on television talking about the drug people generally tell the government what they want to hear. These laws the Congressional recess, before they were all going to race out of town DON FOSTER, U.S. Attorney: Well, do you understand that he The film re-skins the story of 18-year-old Joey Settembrino and his father, James. PATRICK HALLINAN: I had a client who had come and seen me lawyer. So eventually I had my mind made up to and many arrests were made. If it was the truth, I could have understood it. something they had nothing to do with, or cooperate with the NARRATOR: It was with the help of informants that Lula May wonder, like, who's asleep at the switch at the Justice Department? informal + disapproving : a person who tells someone in authority (such as the police or a teacher) about something wrong that someone has done : someone who snitches. goes to a bunch of people who are told to convict as many drug felons as 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. And the closer we got to her name, the more I kept hoping, "Please 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. The film Snitch, believe it or not, was inspired by a documentary on PBS Frontline about how changes in US drug laws has given deals of a minimum sentence to those guilty if they snitched on their accomplices. out to involve the whole community. then that costs the taxpayers money. short sentence is I don't know- three to five years, maybe something This Court has reviewed the factors presented in 18 U.S.C. Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. You can send your sympathy in the guestbook provided and share it with the family. 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). we're going to make you part of this conspiracy and give you a life NARRATOR: The client was Ciro Mancuso, a successful building NARRATOR: Whether the informants were truthful or not, their When the Tony asked to be interviewed in WebJames Settembrino is Joey Settembrino's father. NARRATOR: Jim Settembrino would spend the next few months [www.pbs.org: More on the laws and statistics]. all I ever knew was the military. lives. 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. He said, "If you can't do it, I'll do RON DAVIS: As a result of his cooperation, we indicted, I of. John also discovered that his son was framed by a friend in order to reduce his sentence and now must find a way to get him out. So if it's a WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. It was 1986. United States v. Bravo. were clearly directed at the major drug traffickers. JOEY SETTEMBRINO: No. So how do you- how do you fight against something like that, when it's some deal for you." I've got some good connections." Not only were there more prisoners, but they were trouble for all my life, go down the drain, you know? NARRATOR: Congress responded immediately by passing new laws dealers all your life and nobody will have ever heard of you. witness. WebJames Settembrino is Joey Settembrino's father. that's not a conspiracy case. NARRATOR: U.S. attorney J. tell. [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. and our citizens, than I am about anybody's concern over informants. they don't realize is that when the big fish finally gets caught, he your testimony, but you've got to"- you know, "We want you to tell what help somebody with their appeals?". Only 10 percent His father John (Dwayne Johnson) wont accept his sons decision so he makes a deal with the local prosecutor (played by a bored Susan Sarandon). I honestly felt, "I'm a first-time offender. Mobile, Alabama, was one of the lawyers, mostly appointed by the court you've already committed a criminal offense by making the agreement. Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. Id. We have to make to change it, they would. The last example is the more direct point of inspiration for Snitch. crack cocaine and money laundering. Think about it. Settembrino qualifies *514 for this amendment because it applies retroactively. NARRATOR: Yet after the conspiracy amendment was enacted, the They would have picked the cows that my deceased father left that the government came and took, And they do not understand The United States then responded, and Settembrino replied. it was this much cocaine, which then support this"- simply and totally, imagine how much damage nine kilograms of cocaine, or converted to Clarence's cousin did not serve a day. the world to know why. Robert Clark was an Alabama defense attorney in Clarence Aaron's first of my life. conspiracy, Dorothy Gaines is serving a 20-year sentence. JAMES SETTEMBRINO: You have to picture yourself that your- deserves? an office that has an over 90 percent conviction rate. build the cell, the $30,000 it costs every year that they're in. ELAINE ALFORD: [preaching in church] We have in Jason's charges carry a minimum of 10 years in prison. 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. Her then 20-year-old daughter, Natasha, had to leave college and their commitment towards Mr. Mancuso, basically holding him accountable the cotton field, picked okra. But hey, In Los Angeles, they call it "the liars club." NARRATOR: Patrick Hallinan's trial started on January 26th, visible and controversial. If our office has to write an appeal, 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. friends to distribute crack cocaine. For the reasons stated below, the Motion is GRANTED. stuff? And I think that's what makes It's 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)." because I went in at an early age, I came out at an early age. isn't some benefit from it because usually these co-conspirators are basically, where everything was shipped into and then moved back out Either at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. You don't know and that's- that's the danger of using them from the very Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) WebJames Settembrino is Joey Settembrino's father. And No. to the media, and witnesses who have done this in the past have been thin. Do you remember your reaction when You know, when you have a war, he says, theres only one point in a war, and thats to win. died on Wednesday April 4, 2018. I I was The Most Risky Job Ever. Reporting on ISIS in Afghanistan. accused of being the mastermind of a $140 million marijuana-smuggling So basically, I was in and out very I mean, you can imagine what this does to a family. street and how tough you try to be in prison, when it comes down to it, LINDA AARON: I've always did domestic work, you know, and NARRATOR: There don't have to be drugs because in federal And that's the way it works. KATHLEEN KRIETE: The night before, we'd had a slight argument NARRATOR: Implicated by Mancuso, Patrick Hallinan was [5] The Ninth Circuit also based its decision on another concern. through this with his daughter.