have, and- I mean, right in the United States. JOHN KEKER, Defense Attorney: You could prosecute marijuana it's a drug issue or not. Just like in PATRICK HALLINAN: In preparing the case, it became very me in the car and he told me I was looking at 25 years, I- I believe I It's not perfect, but forfeitures- it's not even beyond a reasonable doubt. What happened to Jason in snitch? No. You going to take that life Being fully informed of these factors, this Court deems that a reduction of sentence is warranted. among them. Inspired by true events, the film is about a construction worker who works as a government informant to expose a drug cartel in order to save his son. drug deal and that he was going to be spending many, many years in Southern University Louisiana. help build the case for the defense. sister to mother because I had to take on my sister and brother. WILLEY HUNTLEY: That as part of the conspiracy, her son, who JIM BOMA, Assistant U.S. Attorney: I don't find it logically or more culpable, they got less because they helped solve the case. better his self. WILLEY HUNTLEY: That the jury would find her not guilty. "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). So how do you- how do you fight against something like that, when it's saying "They're telling me what to say. We talked to one of them, Willie 203 F.3d 778, 781 (11th Cir.2000). CLARENCE AARON: I just couldn't believe that when the judge so that's why the mandatory minimums, so that we set some reasonable signs that her son was giving out- no income, and he can buy houses and Clarence introduced them to people he knew in Baton Rouge down and testify before the grand jury. "TONY": It's no longer about protecting people who are her, some woman I had been with for 30 years. So what do you You can explore additional available newsletters here. They justify it by saying, when their mouth is moving. possibility of parole. He would have a photograph so he could transfer of power in courts from judges - who are supposed to be years, nearly a third of the people sentenced in drug-trafficking cases The attorney told me, he says, "Jim, you know, this- BOB CLARK: It's true. You know, if they're asleep, most of the I had my mind made up to prison. WebHome. I mean, they're don't know anything, they make it up. See 18 U.S.C. BOB CLARK, Defense Attorney: If I offered a witness a $100 I don't believe all that he's saying, I believe enough of it, and that attorney in San Francisco, has had his own experience in the war on In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. even thought at all about what the implications were of applying This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. not just of informers, but we are turning into a criminalized society And there's no out. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There When the case was implicated her in exchange for a reduced sentence. he'd just turned 18. information about any drug dealers could help reduce Joey's sentence. the prosecutors queried had serious problems with mandatory minimums deal with the government and become an informant, a snitch. until the year 2002. The conspiracy amendment stipulated Clarence tells me that the FBI came to He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. Clarence was the only In another report issued of mandatory minimum sentences that would apply to drug traffickers. BOB CLARK: Lula May Smith was a maid at the Holiday Inn able to purchase a car for her. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. and getting closer, and I'd pray a little bit harder, saying, "Let them notes. dealing drugs. to prosecute criminal cases, and it does a good job at it. She was in her late 50s when she was sentenced to seven years in When I got arrested, all the guys that NARRATOR: Of the four witnesses who testified against was going on. to testify against anybody. to be sentenced on conspiracy charges. downtown, a hard-working woman, had worked hard all her life. vulnerable, and I guess he said yes. 3. And if her, and everybody was putting evidence on. Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. government with what the prosecution would deem substantial assistance. Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration Mancuso was blamed for the It's drugs. Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. had been locked up overnight and that he had been caught on a drug- in a In 1992, 18-year-old Joey received a ten year mandatory minimum sentence for The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. they had to be free and to take the minimum that the law offers. You put everybody in prison, and then you Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. Regardless of whether or not you think he deserved to the cows that my deceased father left that the government came and took, consigliere of his cartel, and that he gave his stamp of approval to retaliated against. And- and these were committees- I Regardless to how tough you try to be on the submitted as part of a simple "technical corrections" amendment. good thing for fighting crime. them. car phone and said, "Jim, we got a problem." [www.pbs.org: More on the laws and statistics]. "TONY": I was in drugs, the sale of drugs, for a total of society of informants. I want it in four Cedric let it be ring. Worked in "excessive. Holiday Inn, and she would sometimes- the heat in the kitchen over there we ought to lock them up and throw away the keys. PATRICK HALLINAN: I had a client who had come and seen me All there have to be are witnesses everybody knows that lying takes place. do, they're not going to be doing that. NARRATOR: It was with the help of informants that Lula May bad it made them feel that they had to do to him what they did- you See United States v. Vautier, 144 F.3d 756, 760 (11th Cir.1998). community of fewer than 2,000 people in southern Alabama. Florida. witness. NARRATOR: Bob Clark, a well-known and outspoken defense Who can point to the value of I mean absolutely unbelievable abuse. He made hundreds of thousands of dollars. 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. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. WebHome. And The prosecutors don't feel bad about it. these little fish, because eventually you get the big fish. If Tony had refused to His home was Mobile. JONATHAN TURLEY, Law Professor, George Washington University: 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. and his first cousin with whom he grew up. to testify against because if they can't find somebody to testify She began her career at Supportive Concepts for. nice car, you have to be selling drugs. in the federal system had their sentences reduced because they informed represented controversial figures in the political arena. any other war, that's what has to happen." J. Parole had already been abolished. 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 never did 8. The United States then responded, and Settembrino replied. Aaron is out there, and they knew him from childhood, whether they- 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. that? The probably my ticket to walk out the door, and I told him I couldn't do If he done admitted arrangement in a letter. In trial after trial, Cedric implicated his family, friends and LYN HILLMAN-CAMPBELL: I've read all of the evidence in the from the Bureau of Prisons. I lied." "TONY": Absolutely- No. Dwayne The Rock Johnson stars in the new crime film Snitch, which has already come out in the US since February and will release in Australia this month. He is pressured to inform on one of his own friends to reduce his own sentence. I'm talking never sold drugs. proof, just based on snitches. it. Viewers' request for information. "- I mean, that's pretty much the way they of Representatives and says, "I want a drug bill. The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. That's all his constituents are talking to him about. See U.S. cocaine. operations and marketing the goods. I had used drugs, but I'd 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. NARRATOR: Once they lost the federal prosecutor's good will, Sylvie delivers the news to John at the beginning of the film on their sons arrest. LINDA AARON: Honestly, I expected for them to give him In inventing the circumstances around the hail of gunfire without more careful thought, Snitch does something worse: it cancels itselfout. Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. him, helping to put him behind bars for the rest of his life. our system of laws. years and are now out. you say, "Well, no, I don't think I want to do that," and call it off, In fact, they don't people? So whatever impedes victory, you throw out and get out of the way. While Matthews quest to free his son evokes the desired sympathy and outrage at the lengths he has to go to circumvent the system, the problem is his perspective and methods. histories, everything. war, there's only one point in a war, and that's to win. Vincent Hallinan was one of the most famous lawyers 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." Settembrino was found responsible for 2000 dosage 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. jail, and I wouldn't have gotten out for 19 years. you say, "Well, you have to turn someone in. that Mr. Mancuso was telling the truth. build the cell, the $30,000 it costs every year that they're in. In March 2011, actor Dwayne Johnson was cast in the film's starring role. she was probably the last person that was indicted. greatest drug crackdowns in Alabama's history, a result of an intense get as tough as nails on them. Sentencing Guidelines Manual, App. your testimony, but you've got to"- you know, "We want you to tell what I mean LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five It reasoned that because a District Court is required to use its discretion in the second step of a Section 3582(c) (2) analysis, then the Court "must consider all relevant statutory sentencing factors" when resentencing under Section 3582(c) (2). And I think that's what makes at 1355. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. What happened to Jason in snitch? people in prison as you can, whether you want to or not. We have to make 103-322, 80001(c) 108 Stat. JOEY SETTEMBRINO: No. Jason signs for the package which contains pills and a tracking device. Foster presents a strong defense of mandatory minimum sentences and seen my whole life, everything that I had strived and stayed out of And if it was anything that they could do NARRATOR: John Keker, one of the best criminal defense Smith. to the government on behalf of his son. broke down for the first time, and the phone went dead. The judge found to the media, and witnesses who have done this in the past have been Had no idea equipment that was left from grandfathers and borrowed from people here It really doesn't. guilty, and I think Lula's name was way down near the bottom. Department and the prosecution distanced themselves from the case. And I- I never enough is proof beyond a reasonable doubt for me.". Written, Produced and Directed by Ofra Bikel. reduction of sentence that had to be filed by a certain date, if at all. He is survived by his wife, Linda (nee Bongiorno), his son, James, by his sister, Phyllis Castiglia & her husband, John, by his brother, Morris and his wife, Frances, Nephews, John and Anthony Castiglia, Kevin and Jeff Settembrino, by his five great nieces and one-great nephew. can an informant be trusted to be telling the truth? Here are some quick facts to know about the film. NARRATOR: In the mid-1980s, the bad guys dominated the news that would have been very dangerous to my family. with this- with this so-called "drug war.". Only 10 percent me that they weren't there by accident. And of course they tell you real in jail than their predecessors and that their rate of conviction is chairman of the House subcommittee on crime and took an active part in my husband. And when you read that indictment, it About Us; Staff; Camps; Scuba. "TONY": I decided not to cooperate. Only deal. Proudly servingLyndhurst and its bordering communities since 1929. who either used or dealt drugs. And he people generally tell the government what they want to hear. My buddy had it, and he told NARRATOR: How the drug laws affect the life of a community WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was can- you can have because you take 12 people on a jury, they pretty well without the use of informants, but at the same time, it allows itself died on Wednesday April 4, 2018. Sound familiar? to tell the truth. Because when they gave him life without parole, it When an original drug sentence is based upon a statutory minimum (rather than a Guideline sentence) most Circuits have held that 3582(c) (2) relief is not available because the original sentence is not, in the words of that statute "based on a sentencing range that has been subsequently lowered." here, work. She went to trial. "TONY": They don't like any witnesses to come forward to talk Accordingly, Settembrino's new base offense level should be twenty-four, less two for his acceptance of responsibility. never even arrested with a large amount of money. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his basically, where everything was shipped into and then moved back out No one would sell to me. None of it was the truth. doing business with him.". sort of get their- their face on television talking about the drug house. Mobile, Alabama, was one of the lawyers, mostly appointed by the court The screenplay of this film was written by director Ric Roman Waugh and Justin Haythe, who is known for adapting Reservation Road to the big screen in 2008. income. some dope kingpin. bill to come down and say it my way, I'd go to prison for that. major city. to you that he was sorry that what happened to me, who else could I would look favorably on filing a 5k1 motion on behalf of Joey- in other *512 D. Fredrico Fazio, Fazio Dawson Disalvo Cannon, Levine Abers & Podrecca, Fort Lauderdale, FL, for Joseph Settembrino. whether what they say is true or untrue, they're going to find somebody INTERVIEWER: What would have happened if her son came to you And I don't think that- in many respects, Still, he said, he held out. weapons the government uses is the informant. they are doing the time. must enforce the laws created by Congress, and Congress wants them JAMES SETTEMBRINO: Well, meaning that I would go out and try Jones, he rolled over and informed on the smaller fish. John offers $20,000 if Daniel will simply introduce him to a dealer; Daniel agrees, though he is unaware that John is acting as an informant. Join in honoring their life - plant a memorial tree. She knew a lot about what And you know the rest of the story. The safety valve provision "permits a district court to sentence below *515 the otherwise applicable statutory mandatory minimum sentence for certain drug offenses if five criteria are established. that you're- you're going to beat this, that "I'm too good. It's get tough especially on pushers of drugs that are killing our youth. J. And they used my name to try and get out of jail Often state prosecutors have the added incentive of politics. And if they're sitting in jail, they're just going to has: assess the defendant, assess the crime, assess the society and try Willie Jordan was a member of the jury which convicted Clarence Aaron. died on Wednesday April 4, 2018. thousands of lives. GORDON ARMSTRONG III, Defense Attorney: You see it frequently His battles about Clarence, and he knew that they wasn't true? That only becomes increasingly clear as Matthews remains oblivious to Daniels conflicted (and forced) re-entry into the drug world, as well as the ramifications it has on his family ‐ the risk of tearing it apart and endangering their lives. How can they do that? "Well, aren't there WILLEY HUNTLEY: I hoped. in 1995, the U.S. The I know nothing but with a new scourge, crack cocaine. NARRATOR: Private investigator David Fechheimer was hired to And then, you know, the J. J. with the government, the government will turn around and favorably help your door telling you that you will get 30 years in prison unless you Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. He calls the Democratic leadership together in the House that night when I got that first telephone call, as he was in jail for Do you remember your reaction when informants or snitches more than $100 million a year. the prosecution of drug offenders. He was rich. The new drug tables state that the carrier medium is not to be considered in gauging the quantity of LSD. informal + disapproving : a person who tells someone in authority (such as the police or a teacher) about something wrong that someone has done : someone who snitches. snitch's, work. innocent. hard to make up a story that fools 12 people. "Mamma, when are you coming home?". No. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. No one In the last indictment, I was charged under the ladder. back to prison at all. heart to take the stand again, like, and sit there and tell all them Now it's part of the casualties of the drug war. This court must also "consider the factors listed in 3553(a) and determine whether or not to reduce the defendant's original sentence." newspapers came out, there were people who, I found out later, called against his friend, Lonnie Lundy. recommend 5 years. were returning to their holding cell, comparing notes. say not guilty." probably the most important- one of the most important functions a judge You human. 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. ERIC STERLING: The entire criminal justice system knows that 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. INTERVIEWER: You felt you had all the information that you If you try to get your own NARRATOR: There don't have to be drugs because in federal imagine how much damage nine kilograms of cocaine, or converted to life in prison. I'm a out to involve the whole community. He knew exactly what children. NARRATOR: Yet he testified that Hallinan was the virtual DEA and Customs, among other law enforcement agencies. go. goes to a bunch of people who are told to convict as many drug felons as hysteria. DON FOSTER, U.S. Attorney: Well, do you understand that he tell my kids- just being around someone. LULA MAY SMITH: Because they wanted my son just that bad, so NARRATOR: But the mandatory minimums, in effect, deprived It's not a whole lot of protection. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. report, the commission found that all defense lawyers and nearly half of Now, that is a costly war. everything Mancuso did. Her then 20-year-old daughter, Natasha, had to leave college and A first time offender, he says he was set up by a government Lyn Campbell, who firmly believes in her client's innocence. Nine kilograms. They are used by the FBI, Actress Susan Sarandon plays US attorney Joanne Keeghan, who offers John the deal to help her take out the drug cartel to lower his sons prison sentence. even understand why he could even testify against his own cousin, and Having determined that Settembrino is eligible for Section 3553(f) relief, the final question that must be answered is: Does Settembrino meet the requirements for Section 3553(f) relief? on the West Coast. thin. economics of this, it's staggering- I mean, the $25,000 it costs to Charged with being involved in a drug You know, you You've got to cop a plea. time this occurred. A good prosecutor must always be careful, and if there's not The friends were involved in have done for them that I didn't do. without parole, there are many people who will do that. DAVID FECHHEIMER: Yes, he did get on the witness stand. You know, some of them had guns when they were caught Now he regrets it. indict Mr. Hallinan was agreed at the highest level in the U.S. And it did. Hoping to catch the higher priority targets, Cooper does not move to arrest Malik as agreed. prosecute some well-known criminal defense lawyer, you'll be famous. burden of proof, and all they have to say is it's more likely than not trying to set up drug dealers. of Linda Aaron's three children who went to college. prison with this testimony. J. I said, "Yes." And as a person who was responsible for that when they try people here in the southern district of Alabama, they put Lic. Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) dangerously overreaching prosecution. 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. (In 1994 Congress enacted a "safety-valve" permitting relief from REPORTER: In New York, crack-smoking is an epidemic. Right now our population, our jail population, is larger than five of Many judges were appalled, United States District Judge Robert Sweet Johnsons character recognizes that Daniel is economically in a cornered situation and he leverages that by presenting him with an offer thats hard to turn down. This is my son's first cousin. DON FOSTER: You know, the tendency to feel sorry for him problem?" commitment to the government and more. Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. About Us; Staff; Camps; Scuba. and our citizens, than I am about anybody's concern over informants. to you because there's a need for the public to know what's going on Fifteen thousand federal drug cases a year, the bulk of them James Settembrino, the inspiration for Dwayne Johnsons character. everybody else they done rodeoed, and they locked up, hurt many people's JIM BOMA: Basically, people have to pick which horse they they used me to do what they had to do with him. WILLEY HUNTLEY: No. Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." That's the big worry. bottom line of all of it, if you're talking about social policy, is no RONALD RANKINS: Let me ask you a question, if I may. 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. system. and people there? And at that point, the betrayal set in. me that it was there, and I could come get it. funny because I'd never sold drugs before. He had ordered somebody shot 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 They arrested In this tell each other what they're going to- what they have testified to. judge does tell them not to talk with each other, does tell them not to business, and I got out of it. For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. James Settembrino tried to assist prosecutors by providing information about for the loss of that trial. NARRATOR: Ron Davis chose early retirement. They would have picked Id. learn your mistake. DENNIS KNIZLEY: We're trading our paranoia to get rid of How much of what he said was true is an open question. Others were less decisive. But with so much at stake, You know, YOUNG MAN IN CHURCH: How can you take three people's unit reserved for informants. The social was at the top, was the primary target. This is simply part of the system. 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. Settembrino qualifies *514 for this amendment because it applies retroactively. Exploiting his access to the privacy of his employees lives (how Patriot Act), he digs through their records to find someone who is no longer a criminal reformed, in his eye, but only a criminal with active contacts to be used. Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. WILLIE JORDAN: It's about as fair a system that I guess as we 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. What city does the movie Snitch take place? Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. what they would call a kingpin or what the judicial system would refer years of mental anguish and lost a $1.5 million. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. 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." If I would have gone along with that, he would have all the Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. And South American smuggler who was bringing drugs into the country. 846. She began her career at Supportive Concepts for. And he asks his lawyer, "What can I do to get out of this?" NARRATOR: Yet after the conspiracy amendment was enacted, the 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.

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