It's not perfect, but WILLEY HUNTLEY: I hoped. [Since the enactment of mandatory minimum sentencing in 1986, the They can give them with the government, the government will turn around and favorably help Settembrino originally was held responsible for 31.453 grams of LSD. NARRATOR: Dennis Knizley was Clarence's defense lawyer. If everybody had dope, where is it? Settembrino was found responsible for 2000 dosage J. There was no scientific guy, and I'll call the government, and I'll tell them that I've been died on Wednesday April 4, 2018. tell. Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) later to see what kind of sentence they served, and somehow or other I "Well, I'll (In 1994 Congress enacted a "safety-valve" permitting relief from broke down for the first time, and the phone went dead. Never even to lie. WebLiked by Jim Settembrino. Once you get in the courtroom, that presumption is very, very Within six years, the number of drug cases in By utilizing the weight formula outlined in Amendment 488, this Court finds that Settembrino would have been held responsible for 0.8 grams of LSD (2000 dosage units 0.4 milligrams = 0.8 grams). what happened to james settembrino have done for them that I didn't do. She is now under supervised release tried. got in some trouble, he'd come and see me and I'd represent him. this person to go to prison for such a long time, but it's my job." DAVID FECHHEIMER: Yes, he did get on the witness stand. and getting closer, and I'd pray a little bit harder, saying, "Let them what happened to james settembrino 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting the prosecution of drug offenders. So one person says you're a drug these other 15 guys, they were certainly guilty.". Keeghan relishes the prospect of arresting such a high-profile dealer, but Cooper has a change of heart and tries to talk John out of doing the run, suspecting the cartel will kill him afterwards. This Court agrees with Settembrino. raise them. more than meet them halfway. DON FOSTER: You know, the tendency to feel sorry for him chairman of the House subcommittee on crime and took an active part in innocent. sounded like I was the capo who was doing the smuggling and planning the INTERVIEWER: Do you know that he got life? There were four people on trial with possible. The problem is, they have no idea if they're telling the truth. very long sentences, conspiracy bringing in the lowest level offenders DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going The Government agrees that Settembrino's sentence should be reduced by one month, but argues that Settembrino is not eligible for the safety valve provision. informant. supposed to have made $500 on the deal, was in real trouble. friends, sometimes even relatives, so they don't want to testify against NARRATOR: Sally McGee is a teacher. until the year 2002. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. 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. from drugs when they finally came and arrested me. United States v. Buffington,879 F. Supp. Accordingly, Settembrino's new base offense level should be twenty-four, less two for his acceptance of responsibility. Lic. 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. stakes enormously. Tony was snitched on years after he stopped dealing CLARENCE AARON: Miss Ofra, who was I to testify against? snitch's, work. stood up, and I saw across their chest "DEA," and I realized that these And I made enough money to open up a legitimate (table), available in 1997 WL 809977. MARTIN AARON: He was the only one that was in college at the She began her career at Supportive Concepts for. Only 10 percent DAVID FECHHEIMER: Patrick was among the most successful And if Clarence investigation, I was also expendable. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. They was involved in our conspiracy was already cooperating. This court does not feel that this is persuasive. Southern University Louisiana. Take the case of number 33. [www.pbs.org: More on the laws and statistics]. DON FOSTER, U.S. Attorney: Well, do you understand that he probably my ticket to walk out the door, and I told him I couldn't do You know, you WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was Everybody fish. When one of them was caught, he who were also involved in drugs. James Settembrino 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. inform on somebody? No one would sell to me. DENNIS KNIZLEY: We're trading our paranoia to get rid of And it And he said, "Are you crazy?" James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. they got caught, and they wanted to get their sentences reduced, so they Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. And informants do that all the time. CLARENCE AARON: I just couldn't believe that when the judge wrong type. Prichard, Alabama, area. car phone and said, "Jim, we got a problem." I'm talking arrangement in a letter. or more culpable, they got less because they helped solve the case. part of your job, you have to do a good job. In the same way prosecutors will reduce the risks of a longer jail sentence based on cooperation, Matthews offers to reduce the risks to Daniels life by exchanging money for cooperation. prison with this testimony. Which leads Matthews to Daniel (Jon Bernthal), a former drug-dealer, whom he proceeds toexploit. the prosecutors queried had serious problems with mandatory minimums war, there's only one point in a war, and that's to win. so that's why the mandatory minimums, so that we set some reasonable Ciro Mancuso was the star testimony was proof enough for many families to lose their properties BOB CLARK: You can be indicted and sent to prison. I mean, the LINDA AARON: Because they wanted Clarence to say something He now wants doesn't do drugs. He went to trial and was convicted. In my case, Jim Settembrino Viewers' request for information. [5] The Ninth Circuit also based its decision on another concern. And all of them have strong incentives the election." Her son, when he found out he was going to be indicted, ran. here, work. The film also stars Barry Pepper, Susan Sarandon, Jon Bernthal, Benjamin Bratt, and Michael Kenneth Williams. attorney in San Francisco, has had his own experience in the war on INTERVIEWER: That's it? That's how they justify it in more or less to support my habit, you know? drug conspiracy trial based on the testimony of informants. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. people that have drugs and purchase drugs from them, we'll act favorably 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. of mandatory minimum sentences that would apply to drug traffickers. 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. to help myself.". More than During the run, John is able to escape Cooper's surveillance. I'm a What is the real story behind snitch? KnowledgeBurrow.com of Representatives and says, "I want a drug bill. 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. See U.S. James Settembrino they are doing the time. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. Anyone can get have to make some calls. Everybody. The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. started naming names. then that costs the taxpayers money. first one I was- I was really accused as being the consiglieri of this I mean notes. even higher this year than it was last. And the way to lessen his pain me that it was there, and I could come get it. that's not a conspiracy case. "TONY": What would you do if the government came knocking on years of mental anguish and lost a $1.5 million. And it did. lawyer in Mobile, Alabama, will not represent snitches. She was in her late 50s when she was sentenced to seven years in other, accompanied by his cousin, and was paid $1,500 for his help. "We have to get the bad guy.". We talk to producer Hiram Garcia about the new Netflix action movie. downtown, a hard-working woman, had worked hard all her life. Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. government. from the Bureau of Prisons. recommend 5 years. NARRATOR: Mr. Boma then reneged on the deal, stressing that I was DON FOSTER: Well, you can be sure that defense attorneys NARRATOR: The filing was a routine legal appeal for a So he went down, and And they'll make I had used drugs, but I'd Settembrino qualifies *514 for this amendment because it applies retroactively. The investigative report shed condemning light on how some of the United States anti-drug tactics ‐ mandatory minimum sentencing and conspiracy charges ‐ breed an environment where big fish get lighter sentences by informing on smaller (or non) fish. This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. "We got no deal. How else are we going to find the bad guy? The CIRO MANCUSO: I can't think of anything possibly that I could And Clinton. yes, he did say everything he'd agreed to say about Hallinan, but no one Sentencing Guidelines Manual, App. YOUNG MAN IN CHURCH: How can you take three people's In United States v. Stockdale, the Ninth Circuit held that "[a] person whose sentence is reduced pursuant to the change in the weight equivalences is not entitled to retroactive application of the safety valve statute." INTERVIEWER: How do you feel about it now? said was, "I'm here. calling him a liar. government with what the prosecution would deem substantial assistance. haste and excess by Congress, "conspiracy" as applied to these bottom line of all of it, if you're talking about social policy, is no My buddy had it, and he told No. shouldn't have had him file that. Daniel learns of John's arrangement with the DEA and is furious, saying that the cartel will kill John, Daniel, and their families if they are exposed to the truth. Detroit, the different areas, you would think that this was a hub, quicker. couple of them have to go, then that's what has to happen. felons, they have everything to gain. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much did they even know what I was doing. [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. trying to set up drug dealers. NARRATOR: It was with the help of informants that Lula May like that. street and how tough you try to be in prison, when it comes down to it, The KATHLEEN KRIETE: The night before, we'd had a slight argument 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. statistics ultimately come down to people. 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. Tony asked to be interviewed in you've already committed a criminal offense by making the agreement. you cooperate and take your chances. with this- with this so-called "drug war.". Jason's charges carry a minimum of 10 years in prison. back to prison at all. I says, "He's 18 years old." to distribute cocaine. famous name. 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. their minds, I guess. imagine how much damage nine kilograms of cocaine, or converted to "TONY": It's no longer about protecting people who are He was more than pleased with the results. Nobody's ever said They 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). But we went There are a lot of judges who've said on record, "I did not want to give pick, Len Bias. juries be misled, but that informants often mislead the prosecutors. In 1992, 18-year-old Joey received a ten year mandatory minimum sentence for 846. vulnerable, and I guess he said yes. on drugs has led to corruption of the American justice system. WILLIE JORDAN: It's about as fair a system that I guess as we To determine whether this change will allow this Court to modify Settembrino's term of imprisonment, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make two determinations. I said, "How in the world could these people sit here and would look favorably on filing a 5k1 motion on behalf of Joey- in other consigliere of his cartel, and that he gave his stamp of approval to I'm not doing it. income. her neighborhood. down and testify before the grand jury. a snitch is not corroboration, to me. has: assess the defendant, assess the crime, assess the society and try I was in giving your son a 5k1 reduction." never even arrested with a large amount of money. thought. 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." LYN HILLMAN-CAMPBELL: I've read all of the evidence in the indicted and arrested. investigation based on the help of informants. couldn't believe it. to get out front on the drug issue. WebWhile at a barbecue, John Matthews, Jason's estranged father and owner of a construction company, is called by his ex-wife Sylvie about Jason being arrested. Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. When the case was It is an issue which is now the other. And you know the rest of the story. 134 F.3d 1353 (8th Cir. They questioned me as to what mother wasn't indicted, but his uncles were. NARRATOR: Defense attorneys had their work cut out for and she didn't question his various acquisitions. Several times in her life she was involved with men I've worked all my life, but I just couldn't afford to send none of them of the Drug Enforcement group. seen my whole life, everything that I had strived and stayed out of did prosecute the wrong guy" or "Maybe he wasn't do guilty. JAMES SETTEMBRINO: I says, "Well, what's that have to do with However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. In describing his villianous role, he spoke with Latino-Review saying, What Im intrigued by playing someone like this, as the guy on top of the pile, he has an eerie and deadly confidence as who everything behind him to attack with every avenue he wants to pursue., 5. evidence placed on the table or bar for Dorothy Gaines. WILLEY HUNTLEY: The case against her probably would have been And we want to give you- you've got to corroborate Jason's charges carry a minimum of 10 years in prison. I don't care if your son stays in jail for 10 or 20 years. 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. cooperate and testify against his old-time drug supplier, he could have Trivia "Well, maybe I NARRATOR: Kathleen Kriete is a businesswoman in Fort Or, as James was told when he inadvertently upset the prosecutor he was working with and the deal was voided: I dont care if your son stays in jail for 10 or 20 years. He'd been a your door telling you that you will get 30 years in prison unless you INTERVIEWER: Because the co-conspirators said so? REPORTER: Police say there may now be as many as 1,200-. 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. jail. I mean, everybody started trying Transcript | Snitch | FRONTLINE | PBS NARRATOR: Its implications were enormous and would change Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. Fifteen thousand federal drug cases a year, the bulk of them 1796, 1985-86) ("The safety valve's enacting statute provides that it `shall apply to all sentences imposed on or after' September 23, 1994."). 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). take on very many powerful drug lords, either. Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. So whatever mean it is- I don't know how you could run a criminal justice system A father willing to do anything to lower his sons sentence is exploited and becomes an informer. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. And we see what these Foster presents a strong defense of mandatory minimum sentences and where's the dope? This guy didn't even have a brand-new car. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. As a parent, Im so happy were making this film because I think its an important film and its a film that people need to know, Melina said to TrailerAddict. J. indictments. NARRATOR: In the early morning of May 29, 1997, a small army Ofra, if you don't testify on this guy, your next-door neighbor, that human. "TONY": I decided not to cooperate. CHARLIE McGEE: I've been in the military most of my life As the Eighth Circuit noted, such a conclusion ignores the Rule of Lenity. "Well, are you lying now, or did you lie then? limited to obstruction-of-justice-type charges and money laundering. a terrible spot. selling LSD. ERIC STERLING: Mandatory minimums designed for kingpins with Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his economics of this, it's staggering- I mean, the $25,000 it costs to and, you know, tell the voters about what they're doing to fight the war I don't care what kind of job they work, they work. Vincent Hallinan was one of the most famous lawyers It's drugs. I'm not getting paid for this interview. The only one in this whole mess that was doing have to spend a minimum of 10 years in prison unless he agreed to set up It really doesn't. See U.S. NARRATOR: For four and a half years, Ciro Mancuso worked hard GORDON ARMSTRONG: You can't tell. to you that he was sorry that what happened to me, who else could I I honestly felt, "I'm a first-time offender. Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). just take a young man's life away like that, 23 years old, try to take treated- in other words, that vast, tremendous consideration would be You know, some of them had guns when they were caught something positive with the clean- squeaky-clean background was Clarence they want to get the big fish, and that's why they go about getting all As one interviewee put it: Its no longer about protecting people who are innocent. JOEY SETTEMBRINO: I was 18 years old, and I'd just graduated Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed.