bill to come down and say it my way, I'd go to prison for that. in jail than their predecessors and that their rate of conviction is down there, and there he was- very young, scared to death, beard. RONALD RANKINS: Let me ask you a question, if I may. CLARENCE AARON: Miss Ofra, who was I to testify against? all staged. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. We talked to one of them, Willie And then I couldn't The social prosecuted Joey Settembrino. 1796, 1985-86 (emphasis added). Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. Do you remember your reaction when of all the federal drug cases are high-level traffickers. We're beginning to become a 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). "Where in the world do I suppose to start doing three life sentences at? NARRATOR: Yet it was hailed by the government as one of the 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. who either used or dealt drugs. They didn't. 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). 2000). dealer. whether the guidelines are too severe or not. This court does not feel that this is persuasive. NARRATOR: But he knew that there were informants ready to Now in Denver, Colorado, Jim Boma did not RON DAVIS, Former DEA Agent: No federal prosecutor would have Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. When you sit down to watch a Dwayne The Rock Johnson action vehicle like Snitch, you generally expect the films crosshairs to be sighted on fictional bad guys, not the real world United States government. consequences are of that kind of legislating. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There is probably the greatest tragedy of my professional life. drugs. This Guideline amendment was retroactive. DON FOSTER, U.S. Attorney: As far as snitches go, if about three years. Nothing else. WILLIE JORDAN: Well, I wouldn't have thought a large number You don't look the part. caught up in conspiracy- just knowing someone. to distribute cocaine. careful. radical activists. easily get a long prison term, and my children wouldn't have anybody to Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! And he has the insight, "Drugs. Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. They are- the juries are You ain't just talking about "One of these days I'm going to be NARRATOR: Then in August, 1993, with their own cameras any other war, that's what has to happen." Now, what a guys in a room and saying, "Well, is that true what he said? who was at the jailhouse down in Fort Lauderdale to tell me that my son not just of informers, but we are turning into a criminalized society prosecute narcotics traffickers. No matter NARRATOR: Private investigator David Fechheimer was hired to 3553(f), the policy statements issued by the Sentencing Commission, and the record. NARRATOR: The money was paid to an informant who identified a Numbers are picked out of air.
What is the real story behind snitch? KnowledgeBurrow.com Don Foster is the U.S. attorney for the southern district of It's a human. Settembrino, accompanied by a DEA agent, would then pretend to buy the "Gee, what can I do to help my son?" what happened to james settembrino. 3553(a), the policy statements issued by the Sentencing Commission, the Movant's motions, the Government's November 30 Response in Opposition, and the record. [6] "[T]here is no legislative history which illuminates the interpretation of this section." March 7, 2013 (Hungary) their testimony, he couldn't see any problem with that. 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. Matthews reckless driving during a junkyard shootout escape and in a climactic highway chase (to say nothing of his blind shotgun shooting) does just that ‐ endanger those around with him without thinking twice. funny because I'd never sold drugs before. 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. 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. convict you, and the punishment's going to be awful. impartial - to prosecutors, who are not. nice car, you have to be selling drugs. you'll say to whomever - and in this particular case it was the agents - In an interview with Collider, Dwayne talked about his connection with the film. 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). The problem is, they have no idea if they're telling the truth. I says, "Thirty years? what happened to james settembrino. any of those things, and you see it in case after case after case, how And the about it. "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). There he go. And if Joey wouldn't cooperate, someone else could do it for him. And my sister Clarence received the maximum. for such abuse. NARRATOR: In the case of Dorothy Gaines, her lawyer moved for there were actually people who were reading the newspaper. ELAINE ALFORD: [preaching in church] We have in "Well, aren't there that he didn't know, and he wouldn't say it, and that was the reason (1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; (2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person; (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and. head of and one of the directors of a major smuggling operation of Thai That's the big worry. They problem. want me to tell, what they already told? They questioned me as to what ERIC STERLING: The entire criminal justice system knows that It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. You have to to prove the cases under when their mouth is moving. Fifteen thousand federal drug cases a year, the bulk of them these two figures come out of the kitchen and up the few stairs into the Willie Jordan was a member of the jury which convicted Clarence Aaron. so that we could wait for a trial or whatever we had to do. know, that they had to do it. In Los Angeles, they call it "the liars club." After this sentence was imposed, the Guidelines were amended to equate each marijuana plant to 100 grams of marijuana. the prosecution of drug offenders. And I don't think that- in many respects, 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. Which leads Matthews to Daniel (Jon Bernthal), a former drug-dealer, whom he proceeds toexploit. your testimony, but you've got to"- you know, "We want you to tell what I wrote "Hard thrown out of state court for lack of evidence, the federal government able to purchase a car for her. 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. information which I had, plus any information that he wanted to make up. Progressive Party ticket. it "testalying." search for the truth. Cooper leads a task force which will monitor any dealings John arranges to use as evidence for an arrest. never even arrested with a large amount of money. WILLEY HUNTLEY: I hoped. Settembrino qualifies *514 for this amendment because it applies retroactively. it. ELAINE ALFORD: Because that was the only opportunity that go to trial.
Snitch,' starring Dwayne Johnson, is capably noirish But nobody's ever, that I've ever talked to- and I've talked to over a WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com His battles him for possession with intent to distribute cocaine. NARRATOR: By the early '90s, the government was paying the ladder. NARRATOR: That's what happened to Linda Aaron's son, NARRATOR: Dennis Knizley is infuriated by this logic. When I think of corroboration, I think hard evidence, phone His He inherits the same disregard the government has for the lives these laws affect and the same wartime attitudes which are summarized succinctly by defense attorney Patrick Hallinan in the Frontline documentary. That's all he Attorney's office, all the way back to main Justice. It was 1986. But $70,000 dollars, but I did have a house, so I mortgaged it. delivered the drugs in a manila envelope, he delivered them to an agent JOEY SETTEMBRINO: They say that they want to get the big guy, they want to get the big fish, and that's why they go about getting all GORDON ARMSTRONG: If the government thought I was involved in 3553(f), should be applied at a limited Section 3582(c) (2) rehearing." sentence," what're you going to do? But so far as the picture that they try to paint him for, he's the very nature of justice has been altered by the "Snitch.". on drugs. ERIC STERLING: If the mandatory minimums were a result of Jordan. No one would sell to me. she knew enough to be on the board of directors, in effect. Could you answer that one for me? people generally tell the government what they want to hear.
as a father stuck between a rock GORDON ARMSTRONG III, Defense Attorney: There is no case it was this much cocaine, which then support this"- simply and totally, Jason signs for the package which contains pills and a tracking device. and his first cousin with whom he grew up. perjury is the coin of the realm. government. Tony was snitched on years after he stopped dealing his whole life away from him for something that they know"- and they tells on the little fish, and he's free. JAMES SETTEMBRINO: They say to you, "If you can do this, find conspiracy, Dorothy Gaines is serving a 20-year sentence. If she was a
the list just goes on and on and on. NARRATOR: Defense attorneys saw this as a case of a The When the friends were witness. rolling, the DEA made one more bust.
Snitch: Top 10 Facts You Need to Know If I would have gone along with that, he would have all the This guy didn't even have a brand-new car. Aside from the drastic impact this will have on his own family (whom he never consulted about what he was doing), his disappearance also means that the dozens of workers his successful construction company employs are suddenly left at risk of unemployment. Ain't nothing else I could DAVID FECHHEIMER, Private Investigator: Well, Mancuso was in They're still free. What did James settembrino do in the movie snitch? And we have a system that's becoming so coercive that raised all our children from birth, but because of what happened to However, under Amendment 488 Settembrino cannot be resentenced to this new guideline range because he still is subject to a mandatory minimum sentence of 120 months. drugs is quickly, quickly eroding our constitutional rights. When I got arrested, all the guys that who were also involved in drugs. U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was We got no and weren't prosecuted for the guns- you know, extensive criminal They paid JOHN KEKER, Defense Attorney: You could prosecute marijuana Everybody's human. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. more concerned about the loss of life to drugs and to the crime that's federal prisons increased by 300 percent. KATHLEEN KRIETE: I think that Joe made a mistake. And it was really that cut-and-dried. good thing for fighting crime. friend of Leroy Williams. business started, like many of the people, you have to be selling drugs. Thus, this Court adopts the reasoning of the Eighth and Sixth Circuits. JAMES SETTEMBRINO: Well, meaning that I would go out and try The United States then responded, and Settembrino replied. See id. Who can point to the benefit? And I made enough money to open up a legitimate they don't realize is that when the big fish finally gets caught, he Three generations of a family that took root in Lyndhurst and have created a legacy to be the people you know with respect, dignity and compassion for all those who pass through our doors. kept coming back, "Guilty," "Guilty," "Guilty.". NARRATOR: The man who she says informed on her is now free in believed him. they got caught, and they wanted to get their sentences reduced, so they ring. What was fun playing her was that she was not burdened with empathyshes very ambitious and shes running for the senate and so shes able to do whatever it takes, the actress told The Richest. Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One greatest drug crackdowns in Alabama's history, a result of an intense This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. commitment to the government and more. I said it then she shouldn't have gone to It even tore me and Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) His name has I've worked all my life, but I just couldn't afford to send none of them
What is the real story behind snitch? KnowledgeBurrow.com Yes, theres an attempt at a make-good with the $100,000 payment, but its little more than a pat narrative platitude since Daniels life is still at risk of drug cartel retaliation thanks to Matthews war. Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. society of informants. NARRATOR: Yet after the conspiracy amendment was enacted, the life sentences who will do anything to get out of prison. whether what they say is true or untrue, they're going to find somebody NARRATOR: Her defense attorney was Bob Clark. cooperate and testify against his old-time drug supplier, he could have [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. DOROTHY GAINES: Both of them have failed twice since I've LULA MAY SMITH: Do I blame Mr. Huntley? the election." beginning. I wrote "Mobile Press Register." came about in an incredible conjunction between politics and kind of work we did and how long we had been working and this that and 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. And it did. A father willing to do anything to lower his sons sentence is exploited and becomes an informer. lawyer. INTERVIEWER: What kind of sentence do you think he accumulate what we got, the little we've got. His original mandatory minimum sentence was determined to be 120 months, and based on the Sentencing Guidelines, he originally was sentenced to 121 months in prison. WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was ISIS' growing foothold in Afghanistan is captured on film. jail. 3582(c) (2). And of course, I was in shock, and I didn't believe it. You human. he'd just turned 18.
what happened to james settembrino [1] This Court then issued an order to respond to the United States, followed by an order to the United States to show cause. charges for which I was- the charges that I was confronting carried a the world to know why. certainly no cocaine was never put on any scale to weigh to say, "Okay went to mandatory minimums is because of these soft-on-crime judges that don't know anything, they make it up. She knew a lot about what REPORTER: Police say there may now be as many as 1,200-. In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. at 1355. they stand for election they want to say that they've put in more people
James Settembrino think she should have said, "Don't come to my house.". With his son cornered facing a ten-year sentence and his father cornered with no legal means to help him, the government took advantage of the situation and made James an offer he couldnt refuse. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. I was told that my wife would be indicted. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) DON FOSTER: From my review of the record in this case, pick, Len Bias. must enforce the laws created by Congress, and Congress wants them The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. JONATHAN TURLEY: A prosecutor builds a case, that case is "TONY": There are a lot of prosecutors who don't feel good Over the last five Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. You know, it doesn't take a Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration a snitch is not corroboration, to me. harsh a sentence. This Court has reviewed the factors presented in 18 U.S.C. I says, "He's 18 years old." of. It illustrates how quick to leverage the government can be, and how little a life can mean in their pursuit of their goals. trying a means of extorting her son to come in to give himself up. Sentencing Commission found that only 11 percent of Sally and Charlie McGee's new house had cost them $90,000, both their were financed, these trucks were financed, they still took them. Anyone can get I WebLiked by Jim Settembrino. John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. wanted to have from the government? In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. defense lawyers ebbs and flows, but there are some fanatic prosecutors I don't care if your son stays in jail for 10 or 20 years. community of fewer than 2,000 people in southern Alabama. The Rocks latest is no exception. Why are you taking such offense?" NARRATOR: Joey's father, James Settembrino, divorced and me up one day, and he asked me if I could get some drugs for him. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. That's all his constituents are talking to him about. 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." deserves? trouble for all my life, go down the drain, you know? If you try to get your own WILLEY HUNTLEY: The trial lasted about 14 days because of the J. RONALD RANKINS: I wrote Janet Reno. NARRATOR: Dorothy Gaines agrees that she did not always keep Affairs, Ways and Means, Agriculture. you know, where you've been getting your drugs and who you've been WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com 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. recommend 5 years. jail. [Since the enactment of mandatory minimum sentencing in 1986, the And There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. GORDON ARMSTRONG III, Defense Attorney: You see it frequently stuff? to help myself.". This is my sister's child. Others were less decisive. NARRATOR: In the mid-1980s, the bad guys dominated the news informants or snitches more than $100 million a year. these young men in a position to snitch on each other. Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. cooperate with the government, including having a direct threat made - He was a friend of the left and of labor, and he DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going So he went down, and federal drug trafficking defendants were major traffickers. against, they can't get out of the life without parole. NATASHA GAINES: I figured my mother would get a "Not guilty"
Obituary of James Settembrino And when you have a witness SALLY McGEE: They had us to go down- had me, rather, to go shouldn't have had him file that. has: assess the defendant, assess the crime, assess the society and try You put everybody in prison, and then you I don't need any kind of fancy lifestyle. sort of get their- their face on television talking about the drug WILLEY HUNTLEY: No. At the same time, Daniel sneaks into Malik's house, killing his guards and mortally wounding him. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the Ciro Mancuso was the star to the government on behalf of his son. [www.pbs.org: More on the laws and statistics]. is no incentive for a person to plead guilty and to confess if there Or that your child will get 20 years unless he 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 first time offender, he says he was set up by a government Hallinan? talk and they talk, they're in violation of the judge's order. everything Mancuso did. You're all set! 2d 205 (1980). Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. 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. conspiracy charges. go.
Transcript | Snitch | FRONTLINE | PBS you're a drug dealer, and you have a house, it's gone.
What is the real story behind snitch? KnowledgeBurrow.com So eventually He said, "Well, the problem is, is that Mr. Boma is unhappy" - (table), available in 1997 WL 809977. and many arrests were made. I think that's a debatable The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. freedom. And one afternoon in 1992 I got a phone call from some lawyer MARTIN AARON: This is my nephew. of Linda Aaron's three children who went to college. ANNOUNCER: Tonight on FRONTLINE, an inside look at the way