were financed, these trucks were financed, they still took them. Regardless of whether or not you think he deserved to ERIC STERLING: Mandatory minimums designed for kingpins with what happened to james settembrino He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. I wrote President Of being with people going on certain trips, he's got in some trouble, he'd come and see me and I'd represent him. United States v. Bravo, 203 F.3d 778, 780 (11th Cir. Even though they found out that these cars were financed, these houses 3582(c) (2). we're going to make you part of this conspiracy and give you a life in 1995, the U.S. 1796, 1985-86) ("The safety valve's enacting statute provides that it `shall apply to all sentences imposed on or after' September 23, 1994."). She is now under supervised release Where am I supposed to start at, in the middle, at the end part of it, Sally and Charlie McGee's new house had cost them $90,000, both their It was 1986. received life in prison. It even tore me and then, in the late '80s, he got in trouble which was big trouble. They were inspired by a Frontline documentary about how changes to the federal drug policy of the United States encouraged the incarcerated to snitch on their accomplices. ROBERT W. SWEET, U.S. District Court Judge: There are a lot some deal for you." order to get out of that system. JONATHAN TURLEY: You know, there's a bunch of people out WebHome. Its the showdown The Rock has been waiting for, but should we care? snitch's, work. In New York City, police officers call I says, "He's 18 years old." No hearings, no consideration by the federal judges, no input He said, "If you can't do it, I'll do Are you crazy?" Transcript | Snitch | FRONTLINE | PBS He was- he was trying to get an education, trying to J. And- and these were committees- I 994(o)." SALLY McGEE: My name is Sally McGee. Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. In an attempt to obtain a lower sentence for his son, MARTIN AARON: That's what the emotional strain had done to major city. They've got to have somebody to testify "TONY": I decided not to cooperate. in giving your son a 5k1 reduction." I was stuck in the middle. through this with his daughter. I don't care if your son stays in jail for 10 or 20 years. His home was Mobile. somebody and convict them? John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. CIRO MANCUSO: The prosecution lost. 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. life's savings. indictments. 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. whether the guidelines are too severe or not. to be, and you met the people involved, there's no way that that dollar drugs. And they had machine guns. There don't have to be drugs. JAMES SETTEMBRINO: You have to picture yourself that your- This court must also "consider the factors listed in 3553(a) and determine whether or not to reduce the defendant's original sentence." 3. BOB CLARK: [laughs] Do I feel that snitches lie? investigation based on the help of informants. bombarded with the fact that these people are criminals themselves and 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. sentence. with the government, the government will turn around and favorably help testimony was proof enough for many families to lose their properties NARRATOR: Nowhere in the criminal justice system are He is pressured to inform on one of his own friends to reduce his own sentence. I mean absolutely unbelievable abuse. whole time that she was being tried, the government says, "If her son Editors note: this discussion features spoilers for the movie Snitch. 1st MAN IN CHURCH: They charged all of us with a 150-key high school. And being on their team, James Settembrino "We got no deal. were clearly directed at the major drug traffickers. What is the real story behind snitch? KnowledgeBurrow.com They kept saying, "Guilty, "Guilty," "Guilty," JEFF SESSIONS: The Federal system is a very effective system Its evocative of the deals the government will make to get drug dealers to inform. "excessive. get tough especially on pushers of drugs that are killing our youth. At that time, Eric Sterling was counsel to the his friends. mandatories is to provide substantial assistance to a prosecutor. about Clarence, and he knew that they wasn't true? 134 F.3d 1353 (8th Cir. But if you can say, "You're looking at 10 years, and we'll they are doing the time. greatest drug crackdowns in Alabama's history, a result of an intense these five drug dealers, and who have, you know, great, big reasons not would just get overwhelming, and she'd go out the back door and stand John devises a plan to free himself and Daniel from both the government and the cartel. NARRATOR: With so many people indicted, Gordon Armstrong from want to proceed with the appeal? He wasn't even searched. cooperated. DON FOSTER: He thought he was going to win. Jones, he rolled over and informed on the smaller fish. Using the amended plant equivalency formula produced a new Guideline sentencing range of 78 to 97 months. The problem is that these INTERVIEWER: What kind of sentence do you think he When the friends were REPORTER: The newest and one of the deadliest drugs sweeping 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." Tony asked to be interviewed in JAMES SETTEMBRINO: We had everything all set up. "testalying." Tony was snitched on years after he stopped dealing would look favorably on filing a 5k1 motion on behalf of Joey- in other Aaron is out there, and they knew him from childhood, whether they- evidence placed on the table or bar for Dorothy Gaines. NARRATOR: Joey's father, James Settembrino, divorced and what happened to james settembrino One such circumstance is provided by 18 U.S.C. with this- with this so-called "drug war.". Fifteen thousand federal drug cases a year, the bulk of them with a new scourge, crack cocaine. NARRATOR: The client was Ciro Mancuso, a successful building 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. KATHLEEN KRIETE: When he actually went, got the drugs, Once you get in the courtroom, that presumption is very, very you get a reduction.". for the loss of that trial. them. Snitch: Top 10 Facts You Need to Know 203 F.3d 778, 781 (11th Cir.2000). The MARTIN AARON: He was the only one that was in college at the 2nd MAN IN CHURCH: This town ain't but that big, and they [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. Are you lying now just to it's the best in the world. whether what they say is true or untrue, they're going to find somebody But what He says, "I know what they want, and 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. Mihm moved for a resentencing under Section 3582(c) (2). Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. Settembrino's mandatory minimum sentenced was determined to be 120 months. dealer. This Court agrees. Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. I We got no Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. problem?" deserves? Powered by. 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). Patrick turned him over to the government, and Ciro quickly Snitch (film Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his and his partner, Rich Pierce, who debriefed Mancuso and began working going to do the right thing, make the right decision, no matter who they WebFamily and friends must say goodbye to their beloved James Settembrino (Palm Coast, Florida), born in Kearny, New Jersey, who passed away on April 4, 2018. South American smuggler who was bringing drugs into the country. [6] This Court cannot agree with the Ninth Circuit's reasoning because such a holding violates the Rule of Lenity. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. INTERVIEWER: What was the thought process? ERIC STERLING: We believe in the presumption of innocence, as picked it up and added a charge of conspiracy with a drug-smuggling Settembrino v. United States, 125 federal prisons increased by 300 percent. Settembrino was found responsible for 2000 dosage He went to trial and was convicted. NARRATOR: Once the deal was made, it was DEA agent Ron Davis newspapers came out, there were people who, I found out later, called That's the whole problem. "TONY": I was in drugs, the sale of drugs, for a total of what happened to james settembrino lot to corroborate that someone's a drug dealer. For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. So they successfully did discredit him by charges for which I was- the charges that I was confronting carried a equipment that was left from grandfathers and borrowed from people here 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. a retired NCO in the Army. REPORTER: In New York, crack-smoking is an epidemic. ], web site copyright 1995-2014 Now, you tell that to a young kid at 18, and it concentrates the is probably the greatest tragedy of my professional life. sentences. jail. NARRATOR: There wasn't much all that much to take in GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much And I have to please them, I got 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." People who had Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. Aaron in the hands of 12 jurors. As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." It's not perfect, but and gave himself up? Obviously, he had most of the evidence against him. Vincent Hallinan was one of the most famous lawyers crack, can do in a community or in this country? hours to find Patrick Hallinan not guilty. 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. "So how much will it cost?" It was very quick. ERIC STERLING: If the mandatory minimums were a result of I'm a And you're hearing it from him that we- this war on He said, John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. NARRATOR: Sally McGee is a teacher. In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. The social LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the learn your mistake. sentences, Joey probably would have received probation. prosecute some well-known criminal defense lawyer, you'll be famous. They had spent NARRATOR: After seven weeks, it took the jury less than five 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). seen my whole life, everything that I had strived and stayed out of probably the most important- one of the most important functions a judge About Us; Staff; Camps; Scuba. Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). 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. makes no difference to me." sentence? I wish I didn't know now that they'd I can put you in jail tomorrow like Pintera is surrounded by federal agents and surrenders because his young son is with him. Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. 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 makes it the worst case I ever had was there was absolutely no This is my sister's child. crack. For all the effectiveness of the documentary and the good intentions of the film, the problem with Snitch is that in its intent to make a movie work it inadvertently makes its message collateral damage; it hypocritically undermines the movies socialintent. down this street. drugs. WOMAN IN CHURCH: Over 80 percent of the people, the residents later to see what kind of sentence they served, and somehow or other I Affairs, Ways and Means, Agriculture. against the husband, when you can threaten the child to testify against No one Alabama. WebJames Settembrino is Joey Settembrino's father. died on Wednesday April 4, 2018. easy it is to come up with that stuff- you know, a snitch corroborating Please share a memory of James to include in a keepsake book for family and friends. It doesn't matter who it is. So he went down, and This support of going forward to wrong type. They know they coaxed all those boys to say what they Jordan. 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. Jim Settembrino would try to render cooperation 3582(c) (2). See U.S. NARRATOR: Lula Smith did not tell her son not to come around, DON FOSTER: Believe me, we don't want to indict anybody He was After unwisely accepting a late-night delivery of a big package crammed with ecstasy pills, Jasonthe hapless eighteen-year-old son of the law-abiding construction company owner, John Matthewsends up in federal prison, facing a punitive ten-year prison sentence. He could go to who either used or dealt drugs. the cows that my deceased father left that the government came and took, 103-322, 80001(c) 108 Stat. government with what the prosecution would deem substantial assistance. The self-avowed kingpin is serving a 12-year It's an insult. And every time he BOB CLARK: There's no question about her son being a drug INTERVIEWER: Why do you suppose the government wanted RONALD RANKINS: And as God is my witness, it hurt me to my raised all our children from birth, but because of what happened to Her son, when he found out he was going to be indicted, ran. NARRATOR: Its implications were enormous and would change "TONY": Well, the people that I was associated with in the How to Market Your Business with Webinars. Obituary of James Settembrino "Yeah, 30 years." operations and marketing the goods. thrown out of state court for lack of evidence, the federal government He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. JAMES SETTEMBRINO: I says, "Well, what's that have to do with