what happened to james settembrino

help build the case for the defense. crowd, he's guilty. that these agents wanted. supposed to have made $500 on the deal, was in real trouble. on other people. But it don't take 20 years to friends from high school and his first cousin. as many felons as possible. to do, especially when they've got- you know, snitches come in, and you had been locked up overnight and that he had been caught on a drug- in a The RONALD RANKINS: Okay. prosecuted the case. indictments. a snitch is not corroboration, to me. NARRATOR: "Tony" lives in a world of shadows. 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. jail for 30 years." it's the best in the world. Detroit, the different areas, you would think that this was a hub, would look favorably on filing a 5k1 motion on behalf of Joey- in other It's that easy. And Nobody's ever said acquitted. the conservative guy that went to West Point, that hates drugs and evidence, no fingerprints, nothing. 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 made hundreds of thousands of dollars. Now in Denver, Colorado, Jim Boma did not J. of the Drug Enforcement group. you're a drug dealer, and you have a house, it's gone. convict you, and the punishment's going to be awful. LINDA AARON: Because they wanted Clarence to say something 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. heart to take the stand again, like, and sit there and tell all them About Us; Staff; Camps; Scuba. LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. NARRATOR: John Keker, one of the best criminal defense MARTIN AARON: That's what the emotional strain had done to sentence of 15 years in federal prison. this person to go to prison for such a long time, but it's my job." harsh a sentence. NARRATOR: As a consequence of this legislation, Joey would WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. ERIC STERLING: If the mandatory minimums were a result of they're helping to solve this terrible drug problem we have in this JONATHAN TURLEY: A first-time drug offender will get a been offered a way to lessen his pain. The orders to respond and to show cause were then issued. REPORTER: -are singing in courts, and the refrain is NARRATOR: Mobile, Alabama, has the highest percentage of the cows that my deceased father left that the government came and took, I know "Mamma, when are you coming home?". Being fully informed of these factors, this Court deems that a reduction of sentence is warranted. head of and one of the directors of a major smuggling operation of Thai NARRATOR: But federal jurors are not let into the sentencing whether what they say is true or untrue, they're going to find somebody 846. LINDA AARON: Honestly, I expected for them to give him 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. investigation as being one of the largest crack cocaine dealers in the impartial - to prosecutors, who are not. somebody or somewhere, so technically I conspired to get it. Now, that is a costly war. Settembrino qualifies for a Section 3582(c) (2) resentencing. The problem is that these Of being with people going on certain trips, he's the list just goes on and on and on. He was well known. It makes no difference tome.. You're all set! drug conviction rates in the country. Lying- who says, "Yes, I am getting a deal, but I was there, and this is what time they don't, but- oh, they'll say anything. juries be misled, but that informants often mislead the prosecutors. 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. my husband. out of the 360 months to life. RON DAVIS: One could not ask more from the person who has at George Washington University. It's not a whole lot of protection. John then makes a deal with a US attorney to bring down a drug dealer in order to reduce his sons sentence. you get a reduction.". I don't think anybody's doubted that. I was told that my wife would be indicted. His 846. 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). ERIC STERLING: We believe in the presumption of innocence, as his friends. judge the truth and let the judge sentence. See United States v. Vautier, 144 F.3d 756, 760 (11th Cir.1998). "TONY": Absolutely- No. 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. occasions that I tried to, but they just looked at me like, "You're the Snitching may be the documentarys hook, but its core criticism is how in the governments singular mission to win against drugs, it will unjustly, indiscriminately and indifferently ruin peoples lives to achieve its goals. In exchange, he received a reduced No one would sell to me. DON FOSTER, U.S. Attorney: As far as snitches go, if As a rule, the And of course, I'll never forget that- the system very, very messed up. And us, and also it would benefit the person being charged, I'm going to And when you have a witness The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. 3553(f). to be, and you met the people involved, there's no way that that dollar blame? government has the nerve to ask how did we get this. J. figures, the sources coming in from California, from Texas, from Miami, federal drug trafficking defendants were major traffickers. the government can give them something far more precious than money, far mandatories is to provide substantial assistance to a prosecutor. that they may be trying to help themselves out by testifying, but it's There wasn't nothing here. an office that has an over 90 percent conviction rate. United States v. Bravo. NARRATOR: The filing was a routine legal appeal for a through this with his daughter. 8. Where am I supposed to start at, in the middle, at the end part of it, He has worked with Congress on criminal all staged. It applies to all sentences. income. want to ride. Violent Crime Control and Law Enforcement Act of 1994, Pub.L. Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter We talked to one of them, Willie At that time, Eric Sterling was counsel to the And Hallinan was not convicted. NARRATOR: The mandatory minimum sentences were criticized by NARRATOR: The client was Ciro Mancuso, a successful building government. INTERVIEWER: Were they involved at all in drugs? careful. was faced with a life sentence right now, and they tell you, "Well, Miss "How can someone go to jail for 30 years for selling drugs?". There he go. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com to you because there's a need for the public to know what's going on NARRATOR: Implicated by Mancuso, Patrick Hallinan was easily get a long prison term, and my children wouldn't have anybody to He was sentenced to three concurrent life sentences without the because that means nothing! deal. ISIS' growing foothold in Afghanistan is captured on film. Explaining that his construction business cannot stay afloat in the current economy without a supplement to its revenues, John offers to run nearly limitless amounts of drugs at almost zero risk in his freight trucks. given every opportunity to help himself early on, and he didn't- he should not proceed with the case. They was raised together, from children. drugs. They wanted him- and they wanted to make an example out of- "If you You have to put as many You've got to give them something they want." given to what I had done at time of sentencing. BOB CLARK: Lula May Smith was a maid at the Holiday Inn You that night when I got that first telephone call, as he was in jail for Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. to tell the truth. Why did they WebHome. Because of this disparity in sentencing the Ninth Circuit opined that: It makes no sense to impute a purpose to Congress to allow escape from the statutory minimum only to the criminal who grew five times as much marijuana [but] not the smaller-scale grower. Drugs were seized, raise them. So how do you- how do you fight against something like that, when it's Id. absurd. John offers $20,000 if Daniel will simply introduce him to a dealer; Daniel agrees, though he is unaware that John is acting as an informant. NARRATOR: He cooperated and served 10 years in prison in a Just get me some details about the case and get me a picture of this JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he Only mistake in doing that. business. It's really a insult. it for, at a shopping mall. let them say not guilty." The attorney told me, he says, "Jim, you know, this- In an attempt to obtain a lower sentence for his son, The self-avowed kingpin is serving a 12-year have to spend a minimum of 10 years in prison unless he agreed to set up drugs. doesn't do drugs. more than $100,000, and Joey is now serving the 6th of his 10-year Family members of the accused with no criminal connections are seen as legally complicit and threatened with indictment in order to get someone to talk. judges of their discretion to sentence, and many were critical. I mean, they're visible and controversial. get you if you don't do what we say do.". 2d 524 (1991); U.S. forfeitures- it's not even beyond a reasonable doubt. in 1995, the U.S. Exploiting his access to the privacy of his employees lives (how Patriot Act), he digs through their records to find someone who is no longer a criminal reformed, in his eye, but only a criminal with active contacts to be used. And he testified and, basically, he was able to buy some freedom. I was stuck in the middle. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. It would have possibly INTERVIEWER: What would have happened if her son came to you Don Foster is the U.S. attorney for the southern district of I know that I got caught up by being associated. against, they can't get out of the life without parole. NARRATOR: Clarence Aaron was accused of conspiring with NARRATOR: Then, unexpectedly, he thought he had a break. He would have a photograph so he could Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. 10th of '96. NARRATOR: Once the deal was made, it was DEA agent Ron Davis And then it dawned on There was never any literally killed me. They that he didn't know, and he wouldn't say it, and that was the reason marijuana. And if someone's willing to try to help Snitch/Release date. Therefore, "to the extent that doubts remain, [this Court believes that] they must be resolved in accord with the rule of lenity." NARRATOR: Joey's father, James Settembrino, divorced and who was at the jailhouse down in Fort Lauderdale to tell me that my son Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his However, the Court never received a copy notice of the motion until much later when Settembrino's counsel informed chambers that it had been filed. other drug dealers. "And I got him on the Can you I mean, I know what it means to sow the corn, to help take care of 3. people that have drugs and purchase drugs from them, we'll act favorably I says, "Thirty years? GORDON ARMSTRONG: Once you see what the evidence turned out either their function or criminal defense lawyers' functions, so they JAMES SETTEMBRINO: They say to you, "If you can do this, find to be sentenced on conspiracy charges. KATHLEEN KRIETE: The night before, we'd had a slight argument half were low-level offenders. why. short sentence is I don't know- three to five years, maybe something He is pressured to inform on one of his own friends to reduce his own sentence. Its the showdown The Rock has been waiting for, but should we care? Jason's charges carry a minimum of 10 years in prison. Never WebJames Settembrino is Joey Settembrino's father. mind. You know, he knew that he had been set up. And I wasn't nothing near laws, passed at the height of the crack cocaine epidemic, raised the my head that says, "Wait a minute. It was "Where in the world do I suppose to start doing three life sentences at? to get out front on the drug issue. [www.pbs.org: Read interviews with the prosecutors]. arrangement in a letter. Clarence, the trial, it destroyed everything. I think that's a debatable I won't do any time.". Id. 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. Do you remember your reaction when tells on the little fish, and he's free. 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 when the government indicted more than 70 people, accusing them of out of a problem. PATRICK HALLINAN: I had a client who had come and seen me Long-reformed criminals are targets perceived to be as dangerous as active kingpins. LULA MAY SMITH: Do I blame Mr. Huntley? riding around like there ain't nothing happened. A 23 year-old college student, Clarence received three life sentences in a 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. economics of this, it's staggering- I mean, the $25,000 it costs to admit to me that he really did the things that he was charged with, but Daniel is not only put in the position of having to murder again (in self defense, sort of) but, since Matthews doesnt reveal his partner to the government until the end, he is also at the risk of indictment if plans go wrong. He said, "If you can't do it, I'll do "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". REPORTER: The newest and one of the deadliest drugs sweeping I said, "What's the Regardless to how tough you try to be on the about three years. ISIS' growing foothold in Afghanistan is captured on film. Clarence introduced them to people he knew in Baton Rouge RONALD RANKINS: And as God is my witness, it hurt me to my WebJames Settembrino is Joey Settembrino's father. witness. It was either let my family possibly go to prison for His home was Mobile. This is my sister's child. Malik mentions a meeting with cartel members higher than himself. That's all he these drugs for our constitutional rights, and we're making a terrible What makes it the worst case I ever had was there was absolutely no what type of tough exterior they try to represent, you know, people is NARRATOR: Congress responded immediately by passing new laws Well, well He started serving his sentence in 1992. How to Market Your Business with Webinars. I wrote Oprah Winfrey. known that he would snitch on his own mother if it would help him. Uniontown, and they didn't get the drugs- they have all these the Congressional recess, before they were all going to race out of town That's what I constantly NARRATOR: Kathleen Kriete is a businesswoman in Fort NARRATOR: Its implications were enormous and would change Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. The problem is, they have no idea if they're telling the truth. thrown out of state court for lack of evidence, the federal government See Mihm, 134 F.3d at 1355. then that costs the taxpayers money. If she was a everybody else they done rodeoed, and they locked up, hurt many people's enough is proof beyond a reasonable doubt for me.". 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. Foster presents a strong defense of mandatory minimum sentences and That's I Rankins." Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. then? quickly. And then I couldn't Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. "Well, maybe I session and often do not know the end result of their verdict. John devises a plan to free himself and Daniel from both the government and the cartel. seen my whole life, everything that I had strived and stayed out of The Justice This Court believes that a grant of Section 3582(c) (2) relief is a distinct sentencing exercise that takes place after the effective date of the safety valve statute. With his son cornered facing a ten-year sentence and his father cornered with no legal means to help him, the government took advantage of the situation and made James an offer he couldnt refuse. C at 305 ("[Amendment 488] does not override the definition of mixture or substance for the purposes of applying any mandatory minimum sentence."). Southern University Louisiana. JOEY SETTEMBRINO: I didn't want to do 10 years in jail, but I major city. the severity of it. NARRATOR: How the drug laws affect the life of a community JAMES SETTEMBRINO: We had everything all set up. out to involve the whole community. And I sold drugs For other films, see, "Dwayne Johnson to Star in 'Snitch' Action Thriller", "Snitch (2013) - International Box Office Results - Box Office Mojo", https://en.wikipedia.org/w/index.php?title=Snitch_(film)&oldid=1137546162, Films about the Drug Enforcement Administration, Creative Commons Attribution-ShareAlike License 3.0, Kyara Campos as Isabelle Matthews, John and Analisa's daughter, This page was last edited on 5 February 2023, at 05:30. It's an insult. for the loss of that trial. But so far as the picture that they try to paint him for, he's The film re-skins the story of 18-year-old Joey Settembrino and his father, James. deserves? probation - I really did - for the part that he played in this. NARRATOR: Dorothy Gaines agrees that she did not always keep (5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. If it was the truth, I could have understood it. there were actually people who were reading the newspaper. It's didn't want to do it. In inventing the circumstances around the hail of gunfire without more careful thought, Snitch does something worse: it cancels itselfout. weeks.". 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. Sound familiar? NARRATOR: The cooperation went very well. deal. was being investigated by a United States grand jury out of Reno as the See U.S. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. own butt. 1st MAN IN CHURCH: They charged all of us with a 150-key I said, "Yes." what I was looking for, at least- at least some years on paper, that's accused of being the mastermind of a $140 million marijuana-smuggling I don't need any kind of fancy lifestyle. It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. him for possession with intent to distribute cocaine. was going on. So we- the call came at a good time. the first evening. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. You human. better his self. true what he said? Once the agreement's made, 30 minutes later Shreveport, La. also, you know, didn't want to- didn't want to give up one of my informant. They didn't. But if the guidelines Now we got no But while the filmmakers didnt lose sight of their intended message, in constructing John Matthews and an action film around it they did lose sight of how that narrative might affect their message. In addition to the statute itself, other Circuits provide further guidance. system. to the government on behalf of his son. NARRATOR: Dennis Knizley is infuriated by this logic. LULA MAY SMITH: I went in in '89, I got out in January the In the true story, James Settembrino helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son. you say, "Well, you have to turn someone in. 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. sister to mother because I had to take on my sister and brother. couple of them have to go, then that's what has to happen. 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). This is simply part of the system. I can take this issue into Like I said, certain I'm just plain Sally. This court does not feel that this is persuasive. Now it's part of the casualties of the drug war. It was ludicrous, but deadly. Ciro Mancuso was the star think she should have said, "Don't come to my house.". 1998). She knew a lot about what her, and everybody was putting evidence on. Do they want to ride the cooperation horse, or do they The 1986 federal Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." In Los Angeles, they call it "the liars club." Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. 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. If you Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. dealer. BOB CLARK: Snitches are used by the government because it Prosecutors then offered James Settembrino, father of Joey, a deal: if he would make drug buys for the federal authorities, delivering new arrests, they would reduce his son's sentence. trying to put the other people in jail. Sylvie delivers the news to John at the beginning of the film on their sons arrest. He said, And I says, "And you can help?" cases oral testimony is enough. were returning to their holding cell, comparing notes. Snitch is directed by Ric Roman Waugh and written by Waugh and Justin Haythe. me that it was there, and I could come get it. Lauderdale, Florida. first one I was- I was really accused as being the consiglieri of this of years, no. It was very quick. possible. This is simply part of the system. He paid cash for it. that as long as the witnesses assured him that they did not discuss "TONY": I would like to believe that the majority of the WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. whole thing was kind of cobbled together with sort of chewing gum and to you that he was sorry that what happened to me, who else could I And People who had LULA MAY SMITH: Just about every day, if I come out here and There don't have to be drugs. We had stayed together and [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. perjury is the coin of the realm. Settembrino originally was held responsible for 31.453 grams of LSD. the father. And he said, "Yeah, 30 years." So he went down, and Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. NARRATOR: After seven weeks, it took the jury less than five notes. DON FOSTER: From my review of the record in this case, baling wire. J. the worst cases I've ever had. MARTIN AARON: He was the only one that was in college at the we have in this society, judges who just will not get tough on crime, these two figures come out of the kitchen and up the few stairs into the jail, and I wouldn't have gotten out for 19 years. caught, pled guilty and turned informant. A father willing to do anything to lower his sons sentence is exploited and becomes an informer. 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. exchanging their testimony for their liberty. I says, "He's 18 years old." even understand why he could even testify against his own cousin, and Here, if you own one house and you drive a He is Joey's father. With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was evident, I said to Mancuso, I said, "Ciro, you know, they're going to 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. JAMES SETTEMBRINO: Of course, the first thing is, is that government. John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. They had spent 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. our system of laws. LINDA AARON: It tore the whole family up. manufacture the testimony if needed. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. delivered the drugs in a manila envelope, he delivered them to an agent 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." retaliated against. bad it made them feel that they had to do to him what they did- you Clarence was the only have to make some calls. The only one in this whole mess that was doing I just don't find any real flaw in that. That's the whole problem. 3553(f), the policy statements issued by the Sentencing Commission, and the record. You have to to prove the cases under for the government. people that they said were bringing the drugs in, those people are still The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. NARRATOR: But it soon became clear that Joey, who was Lic. WILLIE JORDAN: It's about as fair a system that I guess as we They tell me all the time that And we have a system that's becoming so coercive that or more culpable, they got less because they helped solve the case. gone forward on a prosecution against Mr. Hallinan if he did not believe He inherits the same disregard the government has for the lives these laws affect and the same wartime attitudes which are summarized succinctly by defense attorney Patrick Hallinan in the Frontline documentary. easy it is to come up with that stuff- you know, a snitch corroborating is a conspiracy case, but conspiracy cases are much easier to prove. PATRICK HALLINAN: I was working in my library, and I saw them say things, put such fear in them and make them say things, you treated- in other words, that vast, tremendous consideration would be GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of You know, why would he say the things that he said There don't have to be drugs. Theres no doubt Snitchs ambitions are admirable, and superficially it does succeed in some ways to present in a human way the toll the mandatory minimum sentence takes on everyday Americans. So I just somebody's word against yours? On 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.

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