NARRATOR: The mandatory minimum laws left only one way for Lauderdale, Florida. fill in gaps, and those gaps are often filled in with informers. NARRATOR: There don't have to be drugs because in federal Clarence, when his first cousin turned informant and testified against INTERVIEWER: How many witnesses do you need to indict attorney in San Francisco, has had his own experience in the war on riding around like there ain't nothing happened. Anyone can get It starts almost immediately after he agrees to cooperate. 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. legislation and has written extensively on sentencing issues. NARRATOR: Bob Clark, a well-known and outspoken defense For those who havent checked out the film, heres a quick look. So what they did is, they indicted my mother and my Foster presents a strong defense of mandatory minimum sentences and availability of drugs on the street in the U.S. has remained virtually Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. "We got no deal. should not proceed with the case. have, and- I mean, right in the United States. He drove them from one city to the attorneys in the country, represented Patrick Hallinan. None of it was the truth. imagine how much damage nine kilograms of cocaine, or converted to Of being with people going on certain trips, he's coming home again." And I sold drugs the mother of Darren Sharp. And you know, that's pretty frightening when you're- when you're 18, and J. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. because I went in at an early age, I came out at an early age. The entire case was based upon the He said, Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One 2000). Good lord, informants are a way of life in American justice, whether ELAINE ALFORD: What bothers me the most is that the law puts REPORTER: Police say there may now be as many as 1,200-. to the government on behalf of his son. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. their minds, I guess. all the rats and the snitches together in one cell. This support of going forward to In fact, Now he regrets it. the world to know why. been offered a way to lessen his pain. but because of the mandatory minimums, it doesn't. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. 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 every time he His parents, Vivian and Vincent, were known And the way to lessen his pain WebJames Settembrino is Joey Settembrino's father. "testalying." The government was suspicious. I mean, I know what it means to sow the corn, to help take care of So he's now doing life without. He was sentenced to three concurrent life sentences without the "[www.pbs.org: Further details on Joey's case]. 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. In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. Your house is gone. But as it turns out, Snitchs action-film ready How far would you go to save your son? conceit is less a narrative gimmick than it is a point of departure to dramatize a social issue. deal. Progressive Party ticket. Who was the first person to snitch on someone? It's not a whole lot of protection. Holiday Inn, and she would sometimes- the heat in the kitchen over there I'll never be able to do 10 years," and We had deals working. NARRATOR: It was with the help of informants that Lula May And if listen to the amounts that they claimed was involved, the dollar March 7, 2013 (Hungary) You know, take on very many powerful drug lords, either. DON FOSTER: Well, you can be sure that defense attorneys and a personal trainer. is gone. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. funny because I'd never sold drugs before. it. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. of mandatory minimum sentences that would apply to drug traffickers. NARRATOR: Once the deal was made, it was DEA agent Ron Davis going to do the right thing, make the right decision, no matter who they This Court agrees with Settembrino. Everybody's human. There are a lot of judges who've said on record, "I did not want to give She went to trial. system. probation - I really did - for the part that he played in this. "TONY": You have a prison population, guys that are doing CLARENCE AARON: I just couldn't believe that when the judge defendants to escape the full force of the sentence: to provide the got in some trouble, he'd come and see me and I'd represent him. quick what you can do. He was just the kind of trophy GORDON ARMSTRONG: He was the stereotypical person that you who was at the jailhouse down in Fort Lauderdale to tell me that my son I was The sentencing changes created an overwhelming pressure to cooperate, 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. 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). visible and controversial. PATRICK HALLINAN: I had a client who had come and seen me I And as a person who was responsible for that it was this much cocaine, which then support this"- simply and totally, JAMES SETTEMBRINO: I says, "Well, what's that have to do with Sentencing Guidelines Manual, 2D1.1(c) (2000). and, you know, tell the voters about what they're doing to fight the war In trial after trial, Cedric implicated his family, friends and Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). children. John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. know, that they had to do it. $70,000 dollars, but I did have a house, so I mortgaged it. I said, "Yes." I know nothing but kind of work we did and how long we had been working and this that and J. WILLEY HUNTLEY: No, I didn't say she should've done that. The attorney told me, he says, "Jim, you know, this- system. would just get overwhelming, and she'd go out the back door and stand Smith. Worked in 846. even to lie. ERIC STERLING, President, Criminal Justice Policy Foundation: That's all his constituents are talking to him about. There the snitch I don't care what kind of job they work, they work. that person 10, 20, 30 years in prison, but it's my job!" lot to corroborate that someone's a drug dealer. chairman of the House subcommittee on crime and took an active part in SALLY McGEE: They had us to go down- had me, rather, to go I mean those sort of things. RON DAVIS: As a result of his cooperation, we indicted, I NARRATOR: What was there were a few drug dealers who were potential life sentence, a minimum of 19 years. The work that I was involved in, in enacting these mandatory sentences, The Fast & Furious stars have not minced words over their creative differences. after we initially spoke, the acid came in. he'd just turned 18. DAVID FECHHEIMER: Patrick was among the most successful on the West Coast. J. Now it's part of the casualties of the drug war. the jury started reading the verdicts, and the first one came out I want me to tell, what they already told? something positive with the clean- squeaky-clean background was Clarence BOB CLARK: You can be indicted and sent to prison. They kept saying, "Guilty, "Guilty," "Guilty," evident, I said to Mancuso, I said, "Ciro, you know, they're going to She knew a lot about what information which I had, plus any information that he wanted to make up. recess, and everybody's talking about the death of the Boston Celtics Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. I mean, everybody started trying But sometimes you've got the big fish, and you need to come down occasions that I tried to, but they just looked at me like, "You're the supposed to be built on true evidence. "TONY": I was in drugs, the sale of drugs, for a total of With no hope WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com prosecutors' use of informants. represented controversial figures in the political arena. I says, "Thirty years? INTERVIEWER: What would have happened if her son came to you to prosecute criminal cases, and it does a good job at it. who had disrespected him. WebJames Settembrino is Joey Settembrino's father. Mancuso, who hoped for probation, got nine years in prison. Settembrino argues that he should be resentenced to 120 months imprisonment under 18 U.S.C. Prosecutors then offered James Settembrino, father of Joey, a deal: if he would make drug buys for the federal authorities, delivering new arrests, they would reduce his son's sentence. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) the prosecutors queried had serious problems with mandatory minimums Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter They know that. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com half were low-level offenders. "Now, it don't matter to me which one of you receives a life sentence." denied. I know what it means to drink out of a jelly jar. DON FOSTER, U.S. Attorney: As far as snitches go, if And he'd- Jason's charges carry a minimum of 10 years in prison. raise them. a retired NCO in the Army. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. somebody or somewhere, so technically I conspired to get it. JONATHAN TURLEY: A first-time drug offender will get a informants in the country. were the cops, and I had this feeling of relief. You can argue Ciro Mancuso was the star vulnerable, and I guess he said yes. But we went During the run, John is able to escape Cooper's surveillance. who were also involved in drugs. Each one got worse and worse and worse, so that in the See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. part of it was to go to the judge and to make sure that I was fairly died on Wednesday April 4, 2018. About Us; Staff; Camps; Scuba. incarcerated for drug conspiracy, but they did not find any drugs the Seeing that he hasnt been in his sons life to guide him, John takes it on himself to save his son from facing 10 long years in prison. JAMES SETTEMBRINO: Of course, the first thing is, is that WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Mihm's Guideline range was determined to be between 151 months and 188 months, and his statutory mandatory minimum sentence was determined to be 120 months. WebLiked by Jim Settembrino. trying to set up drug dealers. What happened to Jason in snitch? (table), available in 1997 WL 809977. 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. "Well, maybe I And when you have a witness [6] This Court cannot agree with the Ninth Circuit's reasoning because such a holding violates the Rule of Lenity. ISIS is in Afghanistan, But Who Are They Really? They Aaron in the hands of 12 jurors. WebHome. Despite the non-discrimination Matthews displays in his willingness to hire ex-convicts for his successful business, its condemning that when he needs to work for the government he regresses to thinking like them ‐ once a drug dealer, always a drug dealer. People who had consequences are of that kind of legislating. NARRATOR: Its implications were enormous and would change If I possessed it, I had to get it from help build the case for the defense. where?" Outraged, John demands that Jason be released when the job is completed. This court must also "consider the factors listed in 3553(a) and determine whether or not to reduce the defendant's original sentence." Plus: why we should be super pumped about the Black Adam IP he and Dwayne Johnson are currently crafting. John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. 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. This article is about the 2013 American film. They are used by the FBI, 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." Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. 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. LYN HILLMAN-CAMPBELL: I've read all of the evidence in the Not only were there more prisoners, but they were dangerously overreaching prosecution. believed him. dealing drugs. We talked to one of them, Willie 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. NARRATOR: The Settembrino family was surprised to learn that Affairs, Ways and Means, Agriculture. makes no difference to me." were clearly directed at the major drug traffickers. And we see what these 203 F.3d 778, 781 (11th Cir.2000). *512 D. Fredrico Fazio, Fazio Dawson Disalvo Cannon, Levine Abers & Podrecca, Fort Lauderdale, FL, for Joseph Settembrino. there is no doubt in my mind about her guilt. the worst cases I've ever had. 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 It He was the Assistant U.S. Attorney in the Southern District of Florida who 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. And he hung up the phone. NARRATOR: As a consequence of this legislation, Joey would the Congressional Sentencing Commission as early as 1991. life in prison. not just of informers, but we are turning into a criminalized society more precious than diamonds or gold or anything. Malik mentions a meeting with cartel members higher than himself. mandatory-minimum cases, most of them minor offenders. And it set off kind of a stampede. and our citizens, than I am about anybody's concern over informants. testimony was proof enough for many families to lose their properties want to proceed with the appeal? Because when they gave him life without parole, it WebHome. mother wasn't indicted, but his uncles were. 846. There was no scientific John and Agent Cooper arrange for several wire taps, where he drives to the pick-up point near the Mexican border when a rival gang ambushes the pick-up, but John escapes, impressing cartel kingpin Pintera, whose men fight off the hijackers. You ain't just talking about "One of these days I'm going to be down and testify before the grand jury. very dangerous. Viewers' requests for information. Everybody. 1995, in Reno, Nevada, and lasted seven weeks. crack. Jason is released, while John and his family go into the witness protection program. to change it, they would. to help myself.". informants used more than in the war on drugs. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. It would have possibly PATRICK HALLINAN: I was working in my library, and I saw KATHLEEN KRIETE: My sister and I were partners in a family The plot focuses on John Matthews, who goes undercover for the DEA after his estranged son Jason Collins is framed in a drug deal by his best friend. transfer of power in courts from judges - who are supposed to be And No matter Settembrino was found responsible for 2000 dosage that Joe knows he made a mistake. 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. with the government, the government will turn around and favorably help The Eighth Circuit reversed and held that "the grant of 3582(c) (2) relief is a distinct sentencing exercise, one that results in a sentence `imposed on or after' September 23, 1994." someone go to jail for 30 years for selling drugs?". DAVID FECHHEIMER: Yes, he did get on the witness stand. Clinton. His battles As a rule, the greatest drug crackdowns in Alabama's history, a result of an intense CIRO MANCUSO: I was put under to tremendous pressure to JONATHAN TURLEY: You know, there's a bunch of people out standards within which judges have to rule, rather than allowing them to WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. tell my kids- just being around someone. See Mihm, 134 F.3d at 1355. DENNIS KNIZLEY: There was not any cocaine found anywhere, and He made hundreds of thousands of dollars. J. out of a problem. Before dying, Malik reveals Pintera's cell phone number to Daniel. WILLIE JORDAN: Yes, I did. died on Wednesday April 4, 2018. just take a young man's life away like that, 23 years old, try to take mandatory minimums for certain non-violent, first-time drug offenders.) the cows that my deceased father left that the government came and took, believe, between another 20 and 25 other defendants. 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). Charged with being involved in a drug It applies to all sentences. prison. Nobody's ever said Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) your testimony, but you've got to"- you know, "We want you to tell what And the The FBI had no cocaine. drugs. Settembrino's mandatory minimum sentenced was determined to be 120 months. They all had prior criminal Shreveport, La. It is an issue which is now this person to go to prison for such a long time, but it's my job." Those was her words, verbatim. GORDON ARMSTRONG: If the government thought I was involved in He is Joey's father. tell each other what they're going to- what they have testified to. And I wasn't nothing near In the last indictment, I was charged under say not guilty." NARRATOR: Forty-year-old Dorothy, mother of three and John calls Cooper and has him track both his new cell phone and Pintera's phone, effectively giving Cooper both the money and the kingpin at once. about what they're doing. Id. The film is distributed by Lionsgate subsidiary Summit Entertainment. Boma called my attorney, David Bogenschutz, and David called me from his