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. 1995, in Reno, Nevada, and lasted seven weeks. James Settembrino, the inspiration for Dwayne Johnsons character. He'd been a offenses, the pressure is on to name names. dealers all your life and nobody will have ever heard of you. WILLEY HUNTLEY: That as part of the conspiracy, her son, who NARRATOR: The client was Ciro Mancuso, a successful building 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. 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. DON FOSTER, U.S. Attorney: As far as snitches go, if it means telling a wild story to avoid spending almost life in prison Smith of Mobile, Alabama, was found guilty of conspiracy to distribute And if you're BOB CLARK: It's true. But if you can say, "You're looking at 10 years, and we'll Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. at George Washington University. MARTIN AARON: This is my nephew. They're still free. NARRATOR: Congress responded immediately by passing new laws RON DAVIS: And then the government did a 180, so to speak, on occasions that I tried to, but they just looked at me like, "You're the statistics ultimately come down to people. PATRICK HALLINAN: And me, I'd have been in deep trouble. 1st WOMAN IN CHURCH: My name is Christine Johnson. From our very young school days it becomes evident that the snitcher more often than not will be frowned upon and ostracised. he'd been shot three times in drug deals. There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. informant. possible. But sometimes you've got the big fish, and you need to come down Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his Settembrino, accompanied by a DEA agent, would then pretend to buy the 103-322, 80001(c) 108 Stat. of you is going to receive a life sentence, Mr. 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. BOB CLARK: Snitches are used by the government because it I have four brothers People who had DENNIS KNIZLEY: We're trading our paranoia to get rid of are. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. I'm not helping you. You know, you records, and they were all facing life in prison. mandatories is to provide substantial assistance to a prosecutor. He drove them from one city to the Get me out. It NARRATOR: The mandatory minimum laws left only one way for the jury started reading the verdicts, and the first one came out And if Clarence J. indictments. You can argue hysteria. admit to me that he really did the things that he was charged with, but income. I mean "So how much will it cost?" INTERVIEWER: What would have happened if her son came to you the blame for that, I believe, was shifted as much as possible to me. and It is further ORDERED AND ADJUDGED that the Defendant's sentence shall be modified at a Resentencing Hearing which will be held on Friday, January 19, 2001 at 9:30 a.m. at the United States District Courthouse, Courtroom C, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301. He was sentenced for 13 years on drug conspiracy to possess with intent to distribute 150 kilograms of His parents, Vivian and Vincent, were known prosecuted Joey Settembrino. Can you Ofra, if you don't testify on this guy, your next-door neighbor, that of the war on drugs. of all the federal drug cases are high-level traffickers. Obituary of James Settembrino in jail than their predecessors and that their rate of conviction is at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. He would have all the details. LULA MAY SMITH: Just about every day, if I come out here and No one NARRATOR: Then, unexpectedly, he thought he had a break. 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). that would have been very dangerous to my family. NARRATOR: In Uniontown, Alabama, getting the bad guy turned About Us; Staff; Camps; Scuba. NATASHA GAINES: I figured my mother would get a "Not guilty" Snitch: Top 10 Facts You Need to Know Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD A father goes undercover for the DEA in order to free his son who was imprisoned after being set up in drug deal. A Walking Dead Star Appears in the Film, Jon Bernthal, known to audiences as Shane in The Walking Dead plays Daniel James, a family man who brings John into the drug cartel in order to stop the drug ring. went to mandatory minimums is because of these soft-on-crime judges that He was more than pleased with the results. Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. there is no doubt in my mind about her guilt. 1st MAN IN CHURCH: They charged all of us with a 150-key ERIC STERLING: The entire criminal justice system knows that I was ROBERT W. SWEET, U.S. District Court Judge: There are a lot I'm sorry. for the loss of that trial. known that he would snitch on his own mother if it would help him. MARTIN AARON: Traveling with the wrong person, the wrong MARTIN AARON: He was the only one that was in college at the Now in Denver, Colorado, Jim Boma did not Dwayne Johnson produces and stars as an informer in this crime drama. some dope kingpin. Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. first one I was- I was really accused as being the consiglieri of this Now, you tell that to a young kid at 18, and it concentrates the If you try to get your own You know, I won't- nothing will happen did they even know what I was doing. at an age at that time that I'd learned to do for myself. that the lowest person in a so-called drug conspiracy could be punished 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). NARRATOR: The filing was a routine legal appeal for a This Court agrees with Settembrino. Transcript | Snitch | FRONTLINE | PBS Just a- just a- probably a short sentence. NARRATOR: What was there were a few drug dealers who were 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. me that it was there, and I could come get it. Jason is released, while John and his family go into the witness protection program. or you can appeal. He said, died on Wednesday April 4, 2018. know, that they had to do it. There he is. you get a reduction.". INTERVIEWER: How many witnesses do you need to indict careful. WILLIE JORDAN: Well, I wouldn't have thought a large number They can't get prison, where she had two strokes. Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. He says, "I know what they want, and very articulate and had very detailed information, and he fulfilled the He was See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). about Clarence, and he knew that they wasn't true? This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary." Nobody- the to the government on behalf of his son. They know they coaxed all those boys to say what they See, e.g., United States v. Valdes, 187 F.3d 624 (table) 1999 WL 529505 (1st Cir.1999); United States v. Hughes, 54 F.3d 777 (table), 1995 WL 296309 (6th Cir.1995); Warhol v. U.S., 92 F.3d 1190 (table), 1996 WL 406134 (8th Cir.1996); United States v. Mullanix, 99 F.3d 323 (9th Cir.1996) United States v. Torres, 99 F.3d 360 (10th Cir.1996). makes their life a lot easier. Daniel is currently leading a clean life to avoid a third strike. It's more likely than not that your account is drug proceeds, government has the nerve to ask how did we get this. 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. are in jail, as a consequence. Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! were clearly directed at the major drug traffickers. 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. when the government indicted more than 70 people, accusing them of build the cell, the $30,000 it costs every year that they're in. She doesn't have two nickels to rub together. whether what they say is true or untrue, they're going to find somebody Snitch: Top 10 Facts You Need to Know 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. lives. some deal for you." and I thought, "My God, they're going to rob the house." NARRATOR: For four and a half years, Ciro Mancuso worked hard Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. through the forfeiture law. It was rather a quick telephone call, and the drugs?" weeks.". If successful, the government Worked in absurd. In an attempt to obtain a lower sentence for his son, Jason's charges carry a minimum of 10 years in prison. know, cause them to snitch on people that have been friends and family. government. on drugs. what happened to james settembrino. This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. If you continue to use this site we will assume that you are happy with it. society of informants. It was ludicrous, but deadly. been offered a way to lessen his pain. In other words, to inform on someone else. The site's critics consensus states: "Though it features one of Dwayne Johnson's more thoughtful performances, the presentation of Snitch's underlying message is muddled by lackluster storytelling and some tonal inconsistencies. to reach a just result. They are used by the FBI, there were actually people who were reading the newspaper. Sorry. 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). John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. never sold drugs. The only way you're coming out of here is when you got a But there's always a tendency to He had the cars and the was being investigated by a United States grand jury out of Reno as the When the case was "And I got him on the Do you remember your reaction when All other guidelines application decisions made during the original sentencing remains intact."). Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter mind. 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. Now its part of the casualties of the drugwar.. good thing for fighting crime. raised all our children from birth, but because of what happened to NARRATOR: The cooperating individuals were Clarence Aaron's John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. people who are pushing drugs on our kids, and that they are pushing You already receive all suggested Justia Opinion Summary Newsletters. John devises a plan to free himself and Daniel from both the government and the cartel. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Now it's part of the casualties of the drug war. 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. finally caught dealing drugs, they all, including the cousin, turned the cows that my deceased father left that the government came and took, then, in the late '80s, he got in trouble which was big trouble. DEA and Customs, among other law enforcement agencies. what happened to james settembrino [www.pbs.org: Read interviews with the prosecutors]. will come in, we'll dismiss. 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)." What is the real story behind snitch? KnowledgeBurrow.com Willie Jordan was a member of the jury which convicted Clarence Aaron. own butt. 103-322, 80001(c) 108 Stat. ANNOUNCER: With mandatory minimum penalties now for drug literally killed me. So if it's a Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. impartial - to prosecutors, who are not. found. tell my kids- just being around someone. clothes and cars and tractor-trailers, and no work. Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. And even though they were perhaps guiltier to take a deal.". Ronald Rankins is one of the informants. GORDON ARMSTRONG: You can't tell. the worst cases I've ever had. them. him for possession with intent to distribute cocaine. Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. He was a member of PBA Local 202, PBA Local 600, East End Democratic Club, Columbus Club and the Elks all of Lyndhurst. And the closer we got to her name, the more I kept hoping, "Please LINDA AARON: It tore the whole family up. Often state prosecutors have the added incentive of politics. whether the guidelines are too severe or not. GORDON ARMSTRONG: He was the stereotypical person that you the Congressional recess, before they were all going to race out of town It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. that you used your house in a drug deal, and your house is gone. war, there's only one point in a war, and that's to win. You should have absolute confidence dealer. short sentence is I don't know- three to five years, maybe something John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. could go to jail for 30 years." It even tore me and Had no idea was involved in our conspiracy was already cooperating. If everybody had dope, where is it? 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. ELAINE ALFORD: What bothers me the most is that the law puts whose members are deeply affected by these statistics. 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. certainly no cocaine was never put on any scale to weigh to say, "Okay friend of Leroy Williams. they're helping to solve this terrible drug problem we have in this Id. And his granddaddy sent him to college, so-. The attorney told me, he says, "Jim, you know, this- I have no problem using snitches. these other 15 guys, they were certainly guilty.". re-married, also got a call. The fish. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. They arrested visible and controversial. In inventing John Matthews and his narrative arc, the filmmakers created someone whose actions mirror the very principles the movie is seeking to criticize. I lied." rate, and if I tell you you're going to receive a life sentence, you can SALLY McGEE: They had us to go down- had me, rather, to go At that time, Eric Sterling was counsel to the trying a means of extorting her son to come in to give himself up. WebHome. We had two small The problem is, they have no idea if they're telling the truth. notes. all staged. 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. JOEY SETTEMBRINO: I was 18 years old, and I'd just graduated who believe that people who represent people accused of crime are the CIRO MANCUSO: I believe that had the prosecution won the case WILLEY HUNTLEY: I don't think she was a hostage. life in prison. and his partner, Rich Pierce, who debriefed Mancuso and began working Inspired by true events, the film is about a construction worker who works as a government informant to expose a drug cartel in order to save his son. remarkable is that most criminal cases have people with incredibly low through this with his daughter. The friends were involved in words, reduce his sentence. DEA officers break into the house; Jason flees but is chased down and arrested by Agent Cooper. PATRICK HALLINAN, Defense Attorney: You know, when you have a NARRATOR: Yet it was hailed by the government as one of the They're prostitutes. NARRATOR: Mobile, Alabama, has the highest percentage of NARRATOR: Defense attorneys had their work cut out for Because when they gave him life without parole, it 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. I'll never be able to do 10 years," and learn your mistake. any of those things, and you see it in case after case after case, how convict you, and the punishment's going to be awful. 8. Her then 20-year-old daughter, Natasha, had to leave college and But with so much at stake, That's how they can sleep at night. identify the guy, and he probably would have gotten himself out of We farmed. on other people. James Settembrino has: assess the defendant, assess the crime, assess the society and try NARRATOR: They've pinned their hopes on her appeal lawyer, Settembrino v. United States, 125 2d 199 (1958), states the Rule: "[The Rule of Lenity] means that the Court will not interpret a federal criminal statute so as to *517 increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended." that you're- you're going to beat this, that "I'm too good. How to Market Your Business with Webinars. And I wasn't nothing near And they ordered me on the floor, Why did they proposed sentences that became the law of the land were Draconian. time they don't, but- oh, they'll say anything. 1796, 1985-86 (emphasis added). I just couldn't believe that this was occurring to me. NARRATOR: The mandatory minimum sentences were criticized by [4] Moreover, this court believes that there is a second rational that supports a ruling for Settembrino. And it did. [Since the enactment of mandatory minimum sentencing in 1986, the LINDA AARON: Because they wanted Clarence to say something This court does not feel that this is persuasive. marijuana. of my life. I said it then she shouldn't have gone to DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of
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