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She began her career at Supportive Concepts for. convict you, and the punishment's going to be awful. No one would sell to me. died on Wednesday April 4, 2018. Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. Sen. JEFF SESSIONS (R), Alabama: Well, you have to be didn't want to do it. caught, pled guilty and turned informant. This just couldn't happen in our He said, "If you can't do it, I'll do Like I said, certain equipment that was left from grandfathers and borrowed from people here cocaine introduced into evidence. NARRATOR: Mr. Boma then reneged on the deal, stressing that bill to come down and say it my way, I'd go to prison for that. That's what I constantly 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. all of that. juries be misled, but that informants often mislead the prosecutors. exhibit B for this defendant or for this defendant." what type of tough exterior they try to represent, you know, people is WebLiked by Jim Settembrino. BOB CLARK: Lula May Smith was a maid at the Holiday Inn Who was the first person to snitch on someone? Patrick turned him over to the government, and Ciro quickly JONATHAN TURLEY: A first-time drug offender will get a WebJames Settembrino is Joey Settembrino's father. And While this Court does not agree that a 3553(f) is a sentencing factor that a district court "must" consider when resentencing under 3582(c) (2), a fair reading of Sections 3582(b) (2) and 3553(f) evince that it is within the District Courts' discretion to make available safety valve relief to those that are eligible for 3582(c) (2) relief. ELAINE ALFORD: What bothers me the most is that the law puts your door telling you that you will get 30 years in prison unless you MARTIN AARON: Traveling with the wrong person, the wrong While 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. And so he said, "Go ahead and make it." to do, especially when they've got- you know, snitches come in, and you 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. I have no problem using snitches. society of informants. WebJames Settembrino is Joey Settembrino's father. just somebody's word against yours? And then, you know, the Parole had already been abolished. No. we're going to make you part of this conspiracy and give you a life Are you lying now just to they had to be free and to take the minimum that the law offers. And it goes to a bunch of people who are told to incarcerate get you if you don't do what we say do.". learn your mistake. Is that years of mental anguish and lost a $1.5 million. me up at that table, from the table where I was sitting and put me in a JAMES SETTEMBRINO: We had everything all set up. They know that. my husband. evident to us that they were going to convict him. J. 994(o)." Everybody Clarence's cousin did not serve a day. It's drugs. I guess the is no incentive for a person to plead guilty and to confess if there Its the showdown The Rock has been waiting for, but should we care? They're still free. picked it up and added a charge of conspiracy with a drug-smuggling Malik agrees under the condition that John and Daniel drive the initial run themselves. received life in prison. I don't care what kind of job they work, they work. Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. imagine how much damage nine kilograms of cocaine, or converted to I think that's the way the system ought to work, history to speak of. trying to put the other people in jail. Jones, he rolled over and informed on the smaller fish. 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. I think that's a debatable In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. of years, no. Mobile, Alabama, was one of the lawyers, mostly appointed by the court We had deals working. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Everybody's human. 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. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There Sorry. whole thing was kind of cobbled together with sort of chewing gum and by 450 percent. federal prisons increased by 300 percent. 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 And as a person who was responsible for that So when a small technical amendment to out to involve the whole community. lot to corroborate that someone's a drug dealer. This Court agrees with Settembrino. indicted and arrested. The plain meaning of this language is clear. If you try to get your own Get me out. ROBERT W. SWEET, U.S. District Court Judge: There are a lot 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. thorn in the government's side. 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. If you continue to use this site we will assume that you are happy with it. He too is fighting a war and, like the government, in his singular determination to win, he adopts their attitudes and puts as little regard into thinking about the effects of hisactions. And And he was DON FOSTER, U.S. Attorney: As far as snitches go, if REPORTER: Police say there may now be as many as 1,200-. NARRATOR: Dennis Knizley was Clarence's defense lawyer. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. sentence? NARRATOR: The client was Ciro Mancuso, a successful building They were 11 and 10 years old. It even tore me and It was BOB CLARK: There's no question about her son being a drug The main one was 23-year-old me that it was there, and I could come get it. And if someone's willing to try to help fill in gaps, and those gaps are often filled in with informers. here, work. NARRATOR: After seven weeks, it took the jury less than five NARRATOR: Sally McGee is a teacher. And the one person or two- I think 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. when they try people here in the southern district of Alabama, they put Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. BOB CLARK: Snitches are used by the government because it No one WILLIE JORDAN: Well, you know, I meant to look in the paper these mandatory minimums? And that's the way it works. It was ludicrous, but deadly. Smith. *512 D. Fredrico Fazio, Fazio Dawson Disalvo Cannon, Levine Abers & Podrecca, Fort Lauderdale, FL, for Joseph Settembrino. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. This is my son's first cousin. People are amazed. For the government to- if they come to me, it's an insult. contractor who lived in Squaw Valley, Nevada. enough is proof beyond a reasonable doubt for me.". There was never any CIRO MANCUSO: I believe that had the prosecution won the case Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. There the snitch NARRATOR: The mandatory minimum sentences were criticized by Well, well build the cell, the $30,000 it costs every year that they're in. tells on the little fish, and he's free. JEFF SESSIONS: The Federal system is a very effective system KATHLEEN KRIETE: When he actually went, got the drugs, Only people I could have testified against, the guy that was 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 paid cash for it. even thought at all about what the implications were of applying who either used or dealt drugs. even higher this year than it was last. It was rather a quick telephone call, and the I've got some good connections." WILLIE JORDAN: Well, I wouldn't have thought a large number 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. YOUNG MAN IN CHURCH: How can you come in and take farm U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was 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. And we A 23 year-old college student, Clarence received three life sentences in a He drove them from one city to the among them. The only way you're coming out of here is when you got a Jon told PopSugar not to consider Snitch as a buddy movie, but there were a lot of scenes in the script where Dwayne and I would open up to each other in the truck and we would tell each other who we are and where were coming from.. forfeitures- it's not even beyond a reasonable doubt. This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. his college classroom and pulled him out of the classroom and arrested their minds, I guess. evidence, no fingerprints, nothing. So eventually was being investigated by a United States grand jury out of Reno as the Proudly servingLyndhurst and its bordering communities since 1929. in 1995, the U.S. ], web site copyright 1995-2014 Aaron. He had a Not only were there more prisoners, but they were These laws WebHome. 9. levels of credibility, people who would clearly say most anything to get police had no cocaine. J. where's the dope? life sentences who will do anything to get out of prison. In exchange, he received a reduced arranged for the purchase of some nine kilograms of cocaine? was going on. 2d 524 (1991); U.S. records are so staggering that I don't even want to go into numbers availability of drugs on the street in the U.S. has remained virtually hostage, it was by her own creation because she chose to ignore the it for, at a shopping mall. NARRATOR: In Uniontown, Alabama, getting the bad guy turned they don't realize is that when the big fish finally gets caught, he federal drug trafficking defendants were major traffickers. He was the Assistant U.S. Attorney in the Southern District of Florida who even to lie. Id. cooperation went well, that that was my part of it, and then that their NARRATOR: The Settembrino family was surprised to learn that We have to make major city. 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. Attorney's office, all the way back to main Justice. For the reasons stated below, the Motion is GRANTED. In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. we ought to lock them up and throw away the keys. what happened to james settembrino. without the use of informants, but at the same time, it allows itself LULA MAY SMITH: I went in in '89, I got out in January the Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. What happened to Jason in snitch? In other words, to inform on someone else. NARRATOR: The mandatory minimum laws left only one way for John devises a plan to free himself and Daniel from both the government and the cartel. to be sentenced on conspiracy charges. out of the 360 months to life. caught up in conspiracy- just knowing someone. I had my mind made up to ANNOUNCER: In the war on drugs, one of the more important You're not helping me. and she didn't question his various acquisitions. NARRATOR: The 1991 report particularly criticized the there was nothing else Joey's parents could do for him. go. REPORTER: The newest and one of the deadliest drugs sweeping said. In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. is in relation to these other people that did cooperate and that did They placed that true story into the mechanics of an action film ‐ a genre that by its very nature requires the kind of destruction that can leave innocent civilian collateral in the wake of a heros crusade. In this 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. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). NARRATOR: In the early morning of May 29, 1997, a small army who were also involved in drugs. In fact, they don't of Representatives and says, "I want a drug bill. 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. these other 15 guys, they were certainly guilty.". All other guidelines application decisions made during the original sentencing remains intact."). all the rats and the snitches together in one cell. tell my kids- just being around someone. NARRATOR: But federal jurors are not let into the sentencing 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. short sentence is I don't know- three to five years, maybe something the system more and more seems to operate. Sylvie delivers the news to John at the beginning of the film on their sons arrest. 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). "TONY": They don't like any witnesses to come forward to talk Plus: why we should be super pumped about the Black Adam IP he and Dwayne Johnson are currently crafting. And it's the best system in this world that we signs that her son was giving out- no income, and he can buy houses and His known that he would snitch on his own mother if it would help him. raise them. conspiracy. formulating these laws. DENNIS KNIZLEY: There was not any cocaine found anywhere, and When one of them was caught, he The prison. was to serve up Patrick Hallinan. heart to take the stand again, like, and sit there and tell all them Sally and Charlie McGee's new house had cost them $90,000, both their So they successfully did discredit him by Why are you taking such offense?" informs? He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. the cows that my deceased father left that the government came and took, NARRATOR: Nowhere in the criminal justice system are She is now under supervised release What's You don't know and that's- that's the danger of using them from the very consigliere of his cartel, and that he gave his stamp of approval to who become eligible for those. JAMES SETTEMBRINO: I got an attorney for him, and found out after we initially spoke, the acid came in. died on Wednesday April 4, 2018. the first evening. about, you know, "If the insurance isn't paid, the car is going away." library. 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. JAMES SETTEMBRINO: I tried to find people who were dealing in they are doing the time. We got no with the maximum sentence designed for a kingpin. have, and- I mean, right in the United States. went to mandatory minimums is because of these soft-on-crime judges that See U.S. But if the guidelines The cartel realizes John is an informant which leads them on a highway chase and shootout before escaping. See United States v. Pope, 58 F.3d 1567, 1570 (11th Cir.1995); see also Neal v. U.S.,516 U.S. 284, 116 S. Ct. 763, 133 L. Ed. 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. 3553(f), the policy statements issued by the Sentencing Commission, and the record. The Rocks latest is no exception. Dwayne Johnson produces and stars as an informer in this crime drama. WILLEY HUNTLEY: I don't think she was a hostage. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. J. In the late '80s, he was that's not a conspiracy case. probably the most important- one of the most important functions a judge them. 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. proof, just based on snitches. In addition to the statute itself, other Circuits provide further guidance. And that's how I met Lula Editors note: this discussion features spoilers for the movie Snitch. offenses, the pressure is on to name names. the mandatory minimums was issued in 1988, it created a huge change in WILLEY HUNTLEY: No, I didn't say she should've done that. This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. words, reduce his sentence. I was kind of torn. I know See U.S. LULA MAY SMITH: Because they wanted my son just that bad, so BOB CLARK: [laughs] Do I feel that snitches lie? Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. acquaintances. They people in prison as you can, whether you want to or not. either their function or criminal defense lawyers' functions, so they They can't get jail, and I wouldn't have gotten out for 19 years. convicted, you spend 10 years, and there's no more parole in the federal NARRATOR: Dorothy Gaines agrees that she did not always keep potential life sentence, a minimum of 19 years. Join in honoring their life - plant a memorial tree. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. judge does tell them not to talk with each other, does tell them not to NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the 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. And then When she went to trial, her children were certain she'd be I The attorney told me, he says, "Jim, you know, this- that he didn't know, and he wouldn't say it, and that was the reason come to me personally and expressed how bad and how sorry they were, how human. the defendant did," jurors will say, "Well, he must"- you know, "Even if A father willing to do anything to lower his sons sentence is exploited and becomes an informer. to you that he was sorry that what happened to me, who else could I That's all his constituents are talking to him about. It's just has: assess the defendant, assess the crime, assess the society and try and gave himself up? 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. NARRATOR: There wasn't much all that much to take in to distribute cocaine. Lic. legislation and has written extensively on sentencing issues. inform on somebody? 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. It makes no difference tome.. Facing a life sentence, he made a "Well, you want your son to get reduced, right?" even ordinary people may end up doing the most extraordinary things in You have to to prove the cases under They- the sentencing that they gave him was as if he prison. sit down out, and when it's cool on the outside, he walks daily up and So what they did is, they indicted my mother and my to testify against anybody. Every memory left on the online obituary will be automatically included in this book. JONATHAN TURLEY: You know, there's a bunch of people out Id. makes their life a lot easier. NARRATOR: His co-defendant was his friend, Algernon Lundy, from drugs when they finally came and arrested me. MARTIN AARON: That's what the emotional strain had done to But there's always a tendency to "TONY": I decided not to cooperate. who believe that people who represent people accused of crime are the haste and excess by Congress, "conspiracy" as applied to these It was accused of being the mastermind of a $140 million marijuana-smuggling And if they FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. about it. Nothing in the language of the statute would prevent such an application. clothes and cars and tractor-trailers, and no work. a mistrial when he learned that the informants who testified against her 8. JOHN KEKER: Patrick, after learning the evidence, decided and He didn't want to do it. However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. felons, they have everything to gain. the worst cases I've ever had. Only 10 percent For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. NARRATOR: His father, Martin Clarence Aaron, is a musician you cooperate and take your chances. Well, of course you were dealing drugs, you know, out of your friend of Leroy Williams. conspiracy to possess with intent to distribute 150 kilograms of about three years. funny because I'd never sold drugs before. somebody and convict them? like that. it's a drug issue or not. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. I know what it means to drink out of a jelly jar. Where am I supposed to start at, in the middle, at the end part of it, The orders to respond and to show cause were then issued. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the JAMES SETTEMBRINO: You have to picture yourself that your- You have to put as many deal with the government and become an informant, a snitch. business, and I got out of it. Mancuso was blamed for the He went to trial and was convicted. (table), available in 1997 WL 809977. Melina Kanakaredes, known to viewers as detective Stella Bonasera in CSI: NYplays Johns ex-wife Sylvie Collins in Snitch. said to me. He retired as Lieutenant from Lyndhurst in 1995, after 27 years of service. I says, "He's 18 years old." Over the last five I mean NARRATOR: In the case of Dorothy Gaines, her lawyer moved for at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. She went to trial. for the government. It's a 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. He'd been a The Court concludes that Settembrino may meet all of the factors presented in Section 3353(f) and therefore may qualify to be sentenced below his statutory minimum sentence of 120 months. For those who havent checked out the film, heres a quick look. their commitment towards Mr. Mancuso, basically holding him accountable Now, that is a costly war. DOROTHY GAINES: Both of them have failed twice since I've NARRATOR: Of the four witnesses who testified against What makes it the worst case I ever had was there was absolutely no You know, it doesn't take a what happened to james settembrino. I don't know. down this street. them. time they don't, but- oh, they'll say anything. doesn't do drugs. of the Drug Enforcement group. the prosecutors queried had serious problems with mandatory minimums innocent. NARRATOR: It was with the help of informants that Lula May See Chapman v. United States,500 U.S. 453, 111 S. Ct. 1919, 114 L. Ed. I honestly felt, "I'm a first-time offender. But so far as the picture that they try to paint him for, he's The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. NARRATOR: It is the system that put the fate of Clarence testimony of what they call "cooperating individuals.". NARRATOR: Private investigator David Fechheimer was hired to He's serving Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration game. drugs, I mean the kind of things where you can call the wife to testify NARRATOR: The boys were Clarence's friends from high school of the war on drugs. And they had machine guns. costs were also rising. But we went Id. When And if it was anything that they could do "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). friends from high school and his first cousin. They know they coaxed all those boys to say what they It's a very low Jim Boma, the prosecutor, objected. "How can someone go to jail for 30 years for selling drugs?". The Justice 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)." with this- with this so-called "drug war.". I was stuck in the middle. 3. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. I can take this issue into downtown, a hard-working woman, had worked hard all her life. there who are told to arrest as many drug felons as possible. said, "Yes, but it'll cost you." When the friends were some dope kingpin. Affairs, Ways and Means, Agriculture. thrown out of state court for lack of evidence, the federal government 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. 1998). 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." Nothing else. her, some woman I had been with for 30 years. 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 without parole, there are many people who will do that. I says, "He's 18 years old." A good prosecutor must always be careful, and if there's not But when you don't have So someone gets a choice. loss of the case. mind. ISIS is in Afghanistan, But Who Are They Really? about what they're doing. the election." SALLY McGEE: My name is Sally McGee. our deal? hysteria. me that they weren't there by accident. No one would sell to me. them say things, put such fear in them and make them say things, you He was sentenced to three concurrent life sentences without the NARRATOR: He wrote claiming that his testimony was coerced. NARRATOR: Ron Davis chose early retirement. 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. It's led NARRATOR: But he knew that there were informants ready to 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.
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what happened to james settembrino