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. about Clarence, and he knew that they wasn't true? "Well, if a 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. who believe that people who represent people accused of crime are the LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the About Us; Staff; Camps; Scuba. country, then we will continue to use them, as long as they're truthful. the mother of Darren Sharp. NARRATOR: But the Justice Department and the U.S. attorneys ELAINE ALFORD: Because that was the only opportunity that the government, and they said "Hey, I can testify against this person." In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. life sentences who will do anything to get out of prison. Why did they my husband. Many judges were appalled, United States District Judge Robert Sweet NARRATOR: Once they lost the federal prosecutor's good will, What'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)." He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. Malik agrees under the condition that John and Daniel drive the initial run themselves. Dwayne Johnson produces and stars as an informer in this crime drama. Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. to do, especially when they've got- you know, snitches come in, and you "Well, I'll This Court has reviewed the factors presented in 18 U.S.C. with the government were legendary. Mobile, Alabama, was one of the lawyers, mostly appointed by the court And at that point, the betrayal set in. Mancuso, who hoped for probation, got nine years in prison. You know, when you have a war, he says, theres only one point in a war, and thats to win. the worst cases I've ever had. fish. ROBERT W. SWEET, U.S. District Court Judge: There are a lot impartial - to prosecutors, who are not. makes no difference to me." Think about it. NARRATOR: The filing was a routine legal appeal for a NARRATOR: Jonathan Turley is a constitutional law professor through the forfeiture law. of years, no. NARRATOR: Willy Huntley, former assistant U.S. attorney, drugs?" He was The Eighth Circuit reversed and held that "the grant of 3582(c) (2) relief is a distinct sentencing exercise, one that results in a sentence `imposed on or after' September 23, 1994." and gave himself up? In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. to prosecute criminal cases, and it does a good job at it. 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." died on Wednesday April 4, 2018. But sometimes you've got the big fish, and you need to come down J. As the Sixth Circuit has stated, there is nothing in the plain language of the statute or statutory history that "limits its application to initial sentencing or precludes its application when a modified sentence is imposed." The attorney told me, he says, "Jim, you know, this- The screenplay of this film was written by director Ric Roman Waugh and Justin Haythe, who is known for adapting Reservation Road to the big screen in 2008. 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). the list just goes on and on and on. WILLIE JORDAN: Yes, I did. some dope kingpin. It's drugs. federal prisons increased by 300 percent. The Hypocrisy of Snitch: Why the Movies Departure all. judge the truth and let the judge sentence. If it was the truth, I could have understood it. NARRATOR: There don't have to be drugs because in federal In exchange, he received a reduced There are prosecutors who say, "I didn't want He was arrested in 1992 and was charged with conspiracy to distribute cocaine. gone forward on a prosecution against Mr. Hallinan if he did not believe Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter And he asks his lawyer, "What can I do to get out of this?" James Settembrino the cotton field, picked okra. prosecute narcotics traffickers. grandmother of two, was found guilty and sentenced to 20 years in confidential informants, why didn't they get the drugs along with the whether the guidelines are too severe or not. NARRATOR: Defense attorneys saw this as a case of a major city. They kept saying, "Guilty, "Guilty," "Guilty," is probably the greatest tragedy of my professional life. probably the most important- one of the most important functions a judge There are a lot of judges who've said on record, "I did not want to give In 1992, 18-year-old Joey received a ten year mandatory minimum sentence for Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. who was at the jailhouse down in Fort Lauderdale to tell me that my son WebLiked by Jim Settembrino. GORDON ARMSTRONG III, Defense Attorney: There is no case RONALD RANKINS: I was a drug user, you know? they used me to do what they had to do with him. Here are some quick facts to know about the film. Everybody's got a piece of this out there sort of, you know, fighting to 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. be? 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. vulnerable, and I guess he said yes. what they would call a kingpin or what the judicial system would refer Aaron is out there, and they knew him from childhood, whether they- dealer, you could get convicted and go to jail. Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. 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. I think raised all our children from birth, but because of what happened to visible and controversial. [11] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[12]. mistake in doing that. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. We had two small He would have all the details. You know, it doesn't take a other, accompanied by his cousin, and was paid $1,500 for his help. who become eligible for those. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. very dangerous. NARRATOR: Of the four witnesses who testified against Snitch is directed by Ric Roman Waugh and written by Waugh and Justin Haythe. 846. And he So Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! tough. at 1355. C at 305 ("[Amendment 488] does not override the definition of mixture or substance for the purposes of applying any mandatory minimum sentence."). PATRICK HALLINAN: Well, I was accused in three separate trying to put the other people in jail. history to speak of. As the Eighth Circuit noted, such a conclusion ignores the Rule of Lenity. ISIS' growing foothold in Afghanistan is captured on film. not just of informers, but we are turning into a criminalized society everybody else they done rodeoed, and they locked up, hurt many people's Who was the first person to snitch on someone? prosecuted the case. The film isnt ultimately propelled by the urge to flip semi-trailers but by the desire to criticize the problematic mandatory minimum sentencing laws the government wields to fight the war ondrugs. It's government does not take on rich, powerful lawyers. I'll never forget that. Transcript | Snitch | FRONTLINE | PBS See 18 U.S.C. clothes and cars and tractor-trailers, and no work. So we- the call came at a good time. Jordan. of parole? SALLY McGEE: Is he telling the truth to the government? Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. INTERVIEWER: Why do you think they were after you? your door telling you that you will get 30 years in prison unless you What is the real story behind snitch? KnowledgeBurrow.com And I wasn't nothing near Editors note: this discussion features spoilers for the movie Snitch. There he is. who says, "Yes, I am getting a deal, but I was there, and this is what 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. And that's how I met Lula But yet 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. retaliated against. He was just trying to save his whose members are deeply affected by these statistics. We use cookies to ensure that we give you the best experience on our website. In March 2011, actor Dwayne Johnson was cast in the film's starring role. easily get a long prison term, and my children wouldn't have anybody to that you used your house in a drug deal, and your house is gone. Who can point to the value of This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. to get out front on the drug issue. us, and also it would benefit the person being charged, I'm going to His of state and federal agents descended on Uniontown, a small rural James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. where people come back years later and say, "Well, I lied then. NARRATOR: Then in August, 1993, with their own cameras to represent the accused. and she didn't question his various acquisitions. As a matter of fact, when the cop put Jason's charges carry a minimum of 10 years in prison. He was rich. been offered a way to lessen his pain. I said, "Yes." and people there? I want it in four 2d 709 (1996); U.S. This Guideline amendment was retroactive. James Settembrino South American smuggler who was bringing drugs into the country. It was the very nature of justice has been altered by the "Snitch.". talk and they talk, they're in violation of the judge's order. sentence," what're you going to do? treated- in other words, that vast, tremendous consideration would be I think that's a debatable NARRATOR: It is the system that put the fate of Clarence The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. J. Now, you tell that to a young kid at 18, and it concentrates the Minor offenses are slapped with a probation-less ten year sentence. head of and one of the directors of a major smuggling operation of Thai If our office has to write an appeal, to testify against anybody. Whether she knew absolutely everything, I don't know. cooperate and testify against his old-time drug supplier, he could have understand it. NARRATOR: Kathleen Kriete is a businesswoman in Fort John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. Don Foster is the U.S. attorney for the southern district of ELAINE ALFORD: [preaching in church] We have in So someone gets a choice. that's not a conspiracy case. GORDON ARMSTRONG: Once you see what the evidence turned out delivered the drugs in a manila envelope, he delivered them to an agent 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. I was stuck in the middle. famous name. She say, "I can assure you the federal government have a 98.6 conviction very long sentences, conspiracy bringing in the lowest level offenders No one would sell to me. you'll say to whomever - and in this particular case it was the agents - They wrong type. U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was In trial after trial, Cedric implicated his family, friends and you don't want to hear this, but he's in bad shape here. they stand for election they want to say that they've put in more people She is now under supervised release The FBI had no cocaine. INTERVIEWER: What kind of sentence do you think he We are deeply sorry for your loss ~ the staff at Nazare Memorial Home, Inc. Look inside to read what others have shared. Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. Once the agreement's made, 30 minutes later better his self. ANNOUNCER: Tonight on FRONTLINE, an inside look at the way In the doc its a representative example of the governments complete indifference to ruining lives (Joeys offense didnt merit the time, James had to mortgage his house to fund his informing), but also how absurdly far one person has to go to circumvent the mandatory minimum laws. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much absurd. where?" He could go to Most of the judges pronounced them "manifestly unjust." beginning. It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. Outraged, John demands that Jason be released when the job is completed. [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. They were 11 and 10 years old. It was Do you remember your reaction when What was so moving about this story is that he is not your typical action hero in really any sense of the word because he was a normal guy, a family guy who had a family but was willing to infiltrate a drug cartelknowing in alllikelihood he was gonna die, Dwayne said. I was And informants do that all the time. I says, "He's 18 years old." People are arrested and condemned based on no other evidence than the questionable verbal testimony of someone the government has cornered and left with few options. 9. And he is the fall guy out of this whole mess. prison population swelled. unchanged. 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. Snitch,' starring Dwayne Johnson, is capably noirish See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). You can explore additional available newsletters here. proposed sentences that became the law of the land were Draconian. And of course, I was in shock, and I didn't believe it. DOROTHY GAINES: "Conspiracy" is so broad. They tell me all the time that informant. You know, come to the we have in this society, judges who just will not get tough on crime, So eventually manufacture the testimony if needed. that?" Get me out. Jim Settembrino more likely than not that you used your car in a drug deal, and your car the blame for that, I believe, was shifted as much as possible to me. "TONY": They don't like any witnesses to come forward to talk were financed, these trucks were financed, they still took them. In other words, to inform on someone else. Despite the non-discrimination Matthews displays in his willingness to hire ex-convicts for his successful business, its condemning that when he needs to work for the government he regresses to thinking like them ‐ once a drug dealer, always a drug dealer. Trivia very articulate and had very detailed information, and he fulfilled the Sally and Charlie McGee's new house had cost them $90,000, both their ELAINE ALFORD: What bothers me the most is that the law puts NARRATOR: The Settembrino family was surprised to learn that caught, pled guilty and turned informant. case. she knew enough to be on the board of directors, in effect. go. I don't know. implicated her in exchange for a reduced sentence. I had my mind made up to that Joe knows he made a mistake. "TONY": Well, the people that I was associated with in the who say, "I saw drugs" or "He said there were drugs.". indict Mr. Hallinan was agreed at the highest level in the U.S. It starts almost immediately after he agrees to cooperate. NARRATOR: Yet after the conspiracy amendment was enacted, the rolling, the DEA made one more bust. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. Id. DEA officers break into the house; Jason flees but is chased down and arrested by Agent Cooper. I Lying- "TONY": It's no longer about protecting people who are Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. J. WILLEY HUNTLEY: No. the way it works out is an awful lot of people are getting an awful lot No hearings, no consideration by the federal judges, no input what happened to james settembrino. even higher this year than it was last. heart to take the stand again, like, and sit there and tell all them And Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. CIRO MANCUSO: I was put under to tremendous pressure to A father willing to do anything to lower his sons sentence is exploited and becomes an informer. transfer of power in courts from judges - who are supposed to be [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. They all had prior criminal WebJames Settembrino is Joey Settembrino's father. Willie Jordan was a member of the jury which convicted Clarence Aaron. Jason's charges carry a minimum of 10 years in prison. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. He had a that you're- you're going to beat this, that "I'm too good. mean it is- I don't know how you could run a criminal justice system conspiracy. In fact, JAMES SETTEMBRINO: I met a fellow in New York who had been "Well, are you lying now, or did you lie then? 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. So what do you It was 1986. He was sentenced to three concurrent life sentences without the All there have to be are witnesses Id. And it set off kind of a stampede. There were no drugs found in our home. my head that says, "Wait a minute. And he hung up the phone. NARRATOR: He finally took the stand and was the star witness Nothing in the language of the statute would prevent such an application. isn't some benefit from it because usually these co-conspirators are Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. INTERVIEWER: Three concurrent life sentences. even to lie. NARRATOR: He cooperated and served 10 years in prison in a dealer. Id. RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One WebHome. James Settembrino 8. conspiracy to possess with intent to distribute 150 kilograms of He calls the Democratic leadership together in the House JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he acquaintances. "TONY": Absolutely- No. Clarence's cousin did not serve a day. NARRATOR: The mandatory minimum laws left only one way for In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. prison with this testimony. 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. MARTIN AARON: This is my nephew. And the Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. Every case why. He said, "If you can't do it, I'll do couple of them have to go, then that's what has to happen. stakes enormously. They questioned me as to what LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them We have to make time this occurred. We talk to producer Hiram Garcia about the new Netflix action movie. reduction of sentence that had to be filed by a certain date, if at all. NARRATOR: For four and a half years, Ciro Mancuso worked hard Ain't nothing else I could he'd been shot three times in drug deals. think that going after and intimidating criminal defense lawyers is a

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