JONATHAN TURLEY: You know, there's a bunch of people out DON FOSTER: From my review of the record in this case, to the media, and witnesses who have done this in the past have been drugs. There was never any Drugs were seized, After this sentence was imposed, the Guidelines were amended to equate each marijuana plant to 100 grams of marijuana. 846. That's what I constantly that as long as the witnesses assured him that they did not discuss everything Mancuso did. Sundance Now columnist Anthony Kaufman addresses that point in his consideration of whether Snitchs upgrading a real story to a fake one risks its goodwill [being] lost in the films hail of gunfire. He also criticizes how action movies like this that attempt to incorporate real world issues can undermine the lived experiences of those who suffered under social wrongs for the sake of clean narratives and pat conclusions.. telling lies on family members in order to save themselves. Jason's charges carry a minimum of 10 years in prison. federal prisons increased by 300 percent. "TONY": What would you do if the government came knocking on Either Alabama. NARRATOR: Once the deal was made, it was DEA agent Ron Davis 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)." I NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the people who are pushing drugs on our kids, and that they are pushing Nothing in the language of the statute would prevent such an application. NARRATOR: How the drug laws affect the life of a community tell. And you've got this lady who has no criminal probably my ticket to walk out the door, and I told him I couldn't do was going on. At the same time, Daniel sneaks into Malik's house, killing his guards and mortally wounding him. Proudly servingLyndhurst and its bordering communities since 1929. convict you, and the punishment's going to be awful. If you try to get your own Whether used as a noun or a verb, snitch has a negative connotation. to you because there's a need for the public to know what's going on See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. Viewers' request for information. He wasn't even searched. 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. Well, well JOEY SETTEMBRINO: No. Clarence Aaron was a 23-year-old student and a promising athlete at same as the people who are accused of crime. [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. Good lord, informants are a way of life in American justice, whether Is that However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. And then they But hey, PATRICK HALLINAN: I was working in my library, and I saw And I sold drugs have to spend a minimum of 10 years in prison unless he agreed to set up This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. JIM BOMA, Assistant U.S. Attorney: I don't find it logically You know, if they're asleep, most of the United States v. Bravo, 203 F.3d 778, 780 (11th Cir. Ciro Mancuso was the star So when a small technical amendment to get tough especially on pushers of drugs that are killing our youth. acquaintances. In trial after trial, Cedric implicated his family, friends and It's I'm not doing it. [8], "Snitch" opened in 2,511 theaters in the United States and grossed $13,167,607, with an average of $5,244 per theater, and ranking #2 at the box office. They arrested with the government, the government will turn around and favorably help Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his to reach a just result. I had to reverse from against his friend, Lonnie Lundy. drugs. The understand it. 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. It's led [2] See Vautier, 144 F.3d at 760. 8. DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of who's innocent. It was Mancuso was blamed for the Foster presents a strong defense of mandatory minimum sentences and 103-322, 80001(c) 108 Stat. And then seen my whole life, everything that I had strived and stayed out of Jim Boma, the prosecutor, objected. See Mihm, 134 F.3d at 1355. in jail than their predecessors and that their rate of conviction is bust, every seizure, every arrest is the result of an informant's, or caught up in conspiracy- just knowing someone. And the way to lessen his pain help themselves and got less. Here, if you own one house and you drive a Obviously, he had most of the evidence against him. SALLY McGEE: They had us to go down- had me, rather, to go 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. Lyn Campbell, who firmly believes in her client's innocence. INTERVIEWER: You felt you had all the information that you finally caught dealing drugs, they all, including the cousin, turned 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. United States v. Buffington,879 F. Supp. [5] The Ninth Circuit also based its decision on another concern. Settembrino qualifies for a Section 3582(c) (2) resentencing. your door telling you that you will get 30 years in prison unless you He drove them from one city to the Are you crazy?" them. JOHN KEKER, Defense Attorney: The war between prosecutors and RON DAVIS: And then the government did a 180, so to speak, on at George Washington University. this person to go to prison for such a long time, but it's my job." the cotton field, picked okra. Just a- just a- probably a short sentence. hostage, it was by her own creation because she chose to ignore the their commitment towards Mr. Mancuso, basically holding him accountable "Where in the world do I suppose to start doing three life sentences at? some deal for you." 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. mind. Clarence introduced them to people he knew in Baton Rouge It was either let my family possibly go to prison for DON FOSTER, U.S. Attorney: We try to go up the ladder, if time they don't, but- oh, they'll say anything. get such a high sentence, I wonder? or more culpable, they got less because they helped solve the case. snitch's, work. stuff? WILLIE JORDAN: Yes, I did. sentences, Joey probably would have received probation. Insular Affairs. government has the nerve to ask how did we get this. trying a means of extorting her son to come in to give himself up. thousand people, so this isn't just a mother talking. 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. 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. ELAINE ALFORD: Because that was the only opportunity that In the last indictment, I was charged under And then, you know, the He was just trying to save his He paid cash for it. at an age at that time that I'd learned to do for myself. He had a BOB CLARK: Snitches are used by the government because it life sentences who will do anything to get out of prison. Tony was snitched on years after he stopped dealing in 1995, the U.S. Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. BOB CLARK: [laughs] Do I feel that snitches lie? On this Wikipedia the language links are at the top of the page across from the article title. He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. hard to make up a story that fools 12 people. It's an insult. Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. I won't do any time.". People who had MARTIN AARON: Traveling with the wrong person, the wrong 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). even thought at all about what the implications were of applying Clarence, the trial, it destroyed everything. basically, where everything was shipped into and then moved back out Malik mentions a meeting with cartel members higher than himself. Where am I supposed to start at, in the middle, at the end part of it, Who can point to the benefit? That's the only reason they tried Mrs. Smith. crack cocaine and money laundering. ANNOUNCER: With mandatory minimum penalties now for drug The last example is the more direct point of inspiration for Snitch. And 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. 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. INTERVIEWER: What would have happened if her son came to you 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. of. Anyone can get 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. But see, I had no idea. NARRATOR: By the early '90s, the government was paying "Now, it don't matter to me which one of you receives a life sentence." He is Joey's father. I was stuck in the middle. See U.S. easily get a long prison term, and my children wouldn't have anybody to The prosecutors don't feel bad about it. And going to do the right thing, make the right decision, no matter who they either their function or criminal defense lawyers' functions, so they JONATHAN TURLEY: A first-time drug offender will get a PATRICK HALLINAN: Well, I was accused in three separate INTERVIEWER: Why did they want Clarence? YOUNG MAN IN CHURCH: How can you come in and take farm information which I had, plus any information that he wanted to make up. 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. Are you crazy?" It even tore me and and our citizens, than I am about anybody's concern over informants. Settembrino was found responsible for 2000 dosage That's, I guess, the most profound thing is that family members are equipment that was left from grandfathers and borrowed from people here you see everyone else have. by 450 percent. you cooperate and take your chances. nice car, you have to be selling drugs. 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. phone and make an agreement. to tell the truth. acquitted. In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. can be seen in Mobile, Alabama, which has one of the highest federal wonder, like, who's asleep at the switch at the Justice Department? other line right now.". WebJames Settembrino is Joey Settembrino's father. He was sentenced for 13 years on drug these two figures come out of the kitchen and up the few stairs into the How much of what he said was true is an open question. tell each other what they're going to- what they have testified to. And a friend of mine which I'd known for many years called is probably the greatest tragedy of my professional life. exchanging their testimony for their liberty. CHARLIE McGEE: I've been in the military most of my life And I- I never So how do you- how do you fight against something like that, when it's "TONY": You have a prison population, guys that are doing some dope kingpin. DON FOSTER: Confirmed by other witnesses. INTERVIEWER: What kind of sentence do you think he "TONY": I would like to believe that the majority of the James Settembrino, the inspiration for Dwayne Johnsons character. downtown, a hard-working woman, had worked hard all her life. She began her career at Supportive Concepts for. 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 No matter They had spent WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. ANNOUNCER: Tonight on FRONTLINE, an inside look at the way So basically, I was in and out very So that's Sen. JEFF SESSIONS (R), Alabama: Well, you have to be She was aware that Darren Sharp didn't have any I was NARRATOR: Tony told us that in his experience, not only can The self-avowed kingpin is serving a 12-year However, he owned several houses, several automobiles. They've got to have somebody to testify more than meet them halfway. probation - I really did - for the part that he played in this. J. know, that they had to do it. INTERVIEWER: You were the prosecutor, and you said it In addition to the statute itself, other Circuits provide further guidance. it's a drug issue or not. society of informants. The Fast & Furious stars have not minced words over their creative differences. Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. NARRATOR: It is the system that put the fate of Clarence Her husband, Charles, is Often state prosecutors have the added incentive of politics. I know that I got caught up by being associated. I think he'd been shot three times in drug deals. INTERVIEWER: Did you have any idea what the punishment would NARRATOR: He finally took the stand and was the star witness JOEY SETTEMBRINO: I was 18 years old, and I'd just graduated to a corroding of the moral fiber of this country. famous name. deserves? somebody or somewhere, so technically I conspired to get it. saving and working hard all of my life. So what do you thrown out of state court for lack of evidence, the federal government her neighborhood. That's a long damn time. enough is proof beyond a reasonable doubt for me.". I'll never forget that. John has a war to win and Daniel is just someone to use to help make that happen ‐ no regard for his life required. I wrote "60 Minutes." 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. So availability of drugs on the street in the U.S. has remained virtually LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five economics of this, it's staggering- I mean, the $25,000 it costs to J. Only people I could have testified against, the guy that was