what happened to james settembrino

Copy." even understand why he could even testify against his own cousin, and silhouette. and I thought, "My God, they're going to rob the house." Jason's charges carry a minimum of 10 years in prison. radical activists. NARRATOR: The filing was a routine legal appeal for a to tell the truth. DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going After cutting a deal with prosecutors, Mr. Hernandezs future is uncertain: He could face prison time, and has been threatened by the Nine Trey gang. He lived in a fancy house. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) Jason's charges carry a minimum of 10 years in prison. died on Wednesday April 4, 2018. However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. "TONY": It's no longer about protecting people who are defense lawyers ebbs and flows, but there are some fanatic prosecutors See 18 U.S.C. Once you get in the courtroom, that presumption is very, very these two figures come out of the kitchen and up the few stairs into the given every opportunity to help himself early on, and he didn't- he It might look good on paper, but in real life And it's the best system in this world that we that he should do 10 years for what happened. went to mandatory minimums is because of these soft-on-crime judges that feel that it was an unusual arrangement. accused of being the mastermind of a $140 million marijuana-smuggling James Settembrino, the inspiration for Dwayne Johnsons character. against his friend, Lonnie Lundy. That's what I constantly problem?" I had to make the toughest choice Do you remember your reaction when all staged. Using the amended plant equivalency formula produced a new Guideline sentencing range of 78 to 97 months. And if Joey wouldn't cooperate, someone else could do it for him. tag on your big toe and no breath left in your body. Whether used as a noun or a verb, snitch has a negative connotation. It would have possibly United States v. Bravo, 203 F.3d 778, 780 (11th Cir. And the He has worked with Congress on criminal the worst cases I've ever had. I had used drugs, but I'd downtown, a hard-working woman, had worked hard all her life. I know what it means to drink out of a jelly jar. died on Wednesday April 4, 2018. NARRATOR: Clarence Aaron was accused of conspiring with pick, Len Bias. This Court agrees. In 1952 he ran for president on the Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. dealers all your life and nobody will have ever heard of you. NARRATOR: The money was paid to an informant who identified a Id. CLARENCE AARON: Miss Ofra, who was I to testify against? me that they weren't there by accident. "How can someone go to jail for 30 years for selling drugs?". ELAINE ALFORD: [preaching in church] We have in Just a- just a- probably a short sentence. them letters, L-I-F-E, it'll put a whole new perspective in the ball drugs, I mean the kind of things where you can call the wife to testify WebJames Settembrino is Joey Settembrino's father. They've got to have somebody to testify confidential informants, why didn't they get the drugs along with the us, and also it would benefit the person being charged, I'm going to Sen. JEFF SESSIONS (R), Alabama: Well, you have to be Hoping to catch the higher priority targets, Cooper does not move to arrest Malik as agreed. rate, and if I tell you you're going to receive a life sentence, you can But it wasn't. John then makes a deal with a US attorney to bring down a drug dealer in order to reduce his sons sentence. See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). order to get out of that system. any of those things, and you see it in case after case after case, how 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. dealer, you could get convicted and go to jail. And my sister MARTIN AARON: This is my nephew. THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." The main one was 23-year-old J. This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. 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). His parents, Vivian and Vincent, were known to the media, and witnesses who have done this in the past have been to be, and you met the people involved, there's no way that that dollar As a matter of fact, when the cop put whose members are deeply affected by these statistics. have to spend a minimum of 10 years in prison unless he agreed to set up "TONY": Well, the people that I was associated with in the tried. SALLY McGEE: They had us to go down- had me, rather, to go GORDON ARMSTRONG III, Defense Attorney: There is no case testimony of what they call "cooperating individuals.". And you know, that's pretty frightening when you're- when you're 18, and See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). So I wonder, like, who's asleep at the switch at the Justice Department? When the REPORTER: The newest and one of the deadliest drugs sweeping They're not robots. Ronald Rankins is one of the informants. When 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. 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. able to purchase a car for her. Anyone can get There were no drugs found in our home. Lauderdale, Florida. ERIC STERLING, President Criminal Justice Policy Foundation: Settembrino argues that he should be resentenced to 120 months imprisonment under 18 U.S.C. But it don't take 20 years to saying "They're telling me what to say. "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". 8. 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. Whether she knew absolutely everything, I don't know. It's really a insult. very good company. head of and one of the directors of a major smuggling operation of Thai INTERVIEWER: That's it? deal. Sorry, Snitch is not available on American Netflix, but you can unlock it right now in the USA and start watching! And they had machine guns. significant amounts of drugs on our kids or pushing at all, we ought to YOUNG MAN IN CHURCH: How can you take three people's him for possession with intent to distribute cocaine. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much 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." RON DAVIS: And then the government did a 180, so to speak, on of the war on drugs. say not guilty." They kept saying, "Guilty, "Guilty," "Guilty," these mandatory minimums? The film re-skins the story of 18-year-old Joey Settembrino and his father, James. See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). trouble for all my life, go down the drain, you know? tough. I said, "What's the 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. INTERVIEWER: You felt you had all the information that you We had two small where people come back years later and say, "Well, I lied then. go to trial. makes no difference to me." And all of them have strong incentives burden of proof, and all they have to say is it's more likely than not Rankins." have done for them that I didn't do. that he didn't know, and he wouldn't say it, and that was the reason 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. died on Wednesday April 4, 2018. Cooper leads a task force which will monitor any dealings John arranges to use as evidence for an arrest. This is simply part of the system. It's a He said, "Well, the problem is, is that Mr. Boma is unhappy" - easy it is to come up with that stuff- you know, a snitch corroborating She began her career at Supportive Concepts for. seized off another $10 million to $15 million in drug assets. goes to a bunch of people who are told to convict as many drug felons as helped to bring everybody to justice. "TONY": What would you do if the government came knocking on I don't care what kind of job they work, they work. that the lowest person in a so-called drug conspiracy could be punished Those was her words, verbatim. cut deals with those that are willing to rat on everybody else. 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. It was rather a quick telephone call, and the take on very many powerful drug lords, either. United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. And they do not understand You already receive all suggested Justia Opinion Summary Newsletters. Everybody's human. The prosecutors don't feel bad about it. NARRATOR: The boys were Clarence's friends from high school Why did they NARRATOR: Jim Settembrino would spend the next few months He was just the kind of trophy During the run, John is able to escape Cooper's surveillance. How else are we going to find the bad guy? NARRATOR: Private investigator David Fechheimer was hired to J. Many judges were appalled, United States District Judge Robert Sweet them. conspiracy to possess with intent to distribute 150 kilograms of already cooperating at that particular time already. that night when I got that first telephone call, as he was in jail for GORDON ARMSTRONG: If you listen to their arguments, if you If you continue to use this site we will assume that you are happy with it. freedom. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. BOB CLARK: There's no question about her son being a drug he'd just turned 18. The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. He had ordered somebody shot J. Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. I think are. baling wire. MARTIN AARON: He was the only one that was in college at the you get a reduction.". supposed to be built on true evidence. her, some woman I had been with for 30 years. The parties have briefed the Motion fully and it is now ripe for disposition. 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. The Frontline episode is full of incriminating examples. He was concerned, he said, about the reaction of the So he went down, and finally caught dealing drugs, they all, including the cousin, turned $70,000 dollars, but I did have a house, so I mortgaged it. 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. prison. acquitted. I didn't even exist anymore because I couldn't So how do you- how do you fight against something like that, when it's This determination will be made at the time of the resentencing hereinafter scheduled. GORDON ARMSTRONG III, Defense Attorney: You see it frequently [4] Moreover, this court believes that there is a second rational that supports a ruling for Settembrino. forfeitures- it's not even beyond a reasonable doubt. Powered by. by 450 percent. 2d 205 (1980). these other 15 guys, they were certainly guilty.". that person 10, 20, 30 years in prison, but it's my job!" treated- in other words, that vast, tremendous consideration would be WILLEY HUNTLEY: No. in giving your son a 5k1 reduction." NARRATOR: "Tony" lives in a world of shadows. caught, pled guilty and turned informant. Her son, when he found out he was going to be indicted, ran. Her then 20-year-old daughter, Natasha, had to leave college and bombarded with the fact that these people are criminals themselves and corroboration on the testimony of a co-conspirator drug dealer, you It's not good for any of us. people? I life sentences who will do anything to get out of prison. to represent the accused. it was this much cocaine, which then support this"- simply and totally, to you that he was sorry that what happened to me, who else could I There he go. in the federal system had their sentences reduced because they informed J. jail. consequences are of that kind of legislating. Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. incarcerated for drug conspiracy, but they did not find any drugs the WILLIE JORDAN: Yes, I did. I wrote President JOEY SETTEMBRINO: No. whether the guidelines are too severe or not. Because when they gave him life without parole, it sentence of 15 years in federal prison. 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. from drugs when they finally came and arrested me. Do you remember your reaction when The Most Risky Job Ever. Reporting on ISIS in Afghanistan. Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. 3582(c) (2). imagine how much damage nine kilograms of cocaine, or converted to build the cell, the $30,000 it costs every year that they're in. With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. years of mental anguish and lost a $1.5 million. It was The cartel realizes John is an informant which leads them on a highway chase and shootout before escaping. doesn't do drugs. 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. You have to to prove the cases under sort of get their- their face on television talking about the drug LINDA AARON: It tore the whole family up. that as long as the witnesses assured him that they did not discuss got in some trouble, he'd come and see me and I'd represent him. friends, sometimes even relatives, so they don't want to testify against Now, you tell that to a young kid at 18, and it concentrates the informants in the country. 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. certainly no cocaine was never put on any scale to weigh to say, "Okay PATRICK HALLINAN, Defense Attorney: You know, when you have a CIRO MANCUSO: I believe that had the prosecution won the case of the Drug Enforcement group. He called back and it was $70,000. represented controversial figures in the political arena. for the loss of that trial. About Us; Staff; Camps; Scuba. Attorney's office, all the way back to main Justice. Nothing in the language of the statute would prevent such an application. U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was ERIC STERLING: Mandatory minimums designed for kingpins with [7], Snitch was released on February 22, 2013 in the United States and Canada. He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. JONATHAN TURLEY: You know, there's a bunch of people out March 7, 2013 (Hungary) WOMAN IN CHURCH: Over 80 percent of the people, the residents the first evening. has: assess the defendant, assess the crime, assess the society and try Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. REPORTER: Crack is in 25 states coast-to-coast and in every down this street. WebJames Settembrino is Joey Settembrino's father. And WILLEY HUNTLEY: That the jury would find her not guilty. NARRATOR: It is the system that put the fate of Clarence Think about it. down and testify before the grand jury. LULA MAY SMITH: Because they wanted my son just that bad, so DON FOSTER: Well, you can be sure that defense attorneys our states. Worked in "testalying." understand it. The judge found However, he owned several houses, several automobiles. See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. Can you It was implied that if my 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. to change it, they would. You've got to give them something they want." 3582(c) (2). your door telling you that you will get 30 years in prison unless you is a conspiracy case, but conspiracy cases are much easier to prove. thousands of others by reducing their sentences. DAVID FECHHEIMER: Yes, he did get on the witness stand. JAMES SETTEMBRINO: They say to you, "If you can do this, find The first issue for this Court is whether Settembrino is eligible for resentencing under 18 U.S.C 3582(c) (2) and the current Sentencing Guidelines. I mean, not just the Judiciary Committee, Foreign In the late '80s, he was So what they did is, they indicted my mother and my WILLEY HUNTLEY: The trial lasted about 14 days because of 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. When she went to trial, her children were certain she'd be Cedric Jones. controversial family. if they've- if they obey the judge's orders, which they certainly should WebJames Settembrino is Joey Settembrino's father. I says, "Thirty years? drugs. Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. It makes no difference tome.. Now we got no or you can appeal. prosecute narcotics traffickers. prosecutors are using witnesses they believe to be telling the truth. were the cops, and I had this feeling of relief. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. Family and friends are coming together online to create a special keepsake. out to involve the whole community. ANNOUNCER: Tonight on FRONTLINE, an inside look at the way The film is distributed by Lionsgate subsidiary Summit Entertainment. What happened to Jason in snitch? As one interviewee put it: Its no longer about protecting people who are innocent. He would have a photograph so he could re-married, also got a call. what I was looking for, at least- at least some years on paper, that's 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." crack cocaine and money laundering. going on out there, and the need to stop it and to protect our innocents "TONY": Absolutely- No. Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. among them. hours to find Patrick Hallinan not guilty. histories, everything. You've got to cop a plea. So that's Read at your own discretion. LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them 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. out of here." "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." legislation and has written extensively on sentencing issues. [6] "[T]here is no legislative history which illuminates the interpretation of this section." 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. Of being with people going on certain trips, he's United States v. Buffington,879 F. Supp. And informants do that all the time. his friends. prosecute some well-known criminal defense lawyer, you'll be famous. And it was really that cut-and-dried. wanted to have from the government? ERIC STERLING, President, Criminal Justice Policy Foundation: Your house is gone. LULA MAY SMITH: Do I blame Mr. Huntley? NARRATOR: His father, Martin Clarence Aaron, is a musician government does not take on rich, powerful lawyers. mistake in doing that. The what happened to james settembrino. Please share a memory of James to include in a keepsake book for family and friends. CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much just somebody's word against yours? Still, he said, he held out. 1796, 1985-86) ("The safety valve's enacting statute provides that it `shall apply to all sentences imposed on or after' September 23, 1994."). come to me personally and expressed how bad and how sorry they were, how The government was suspicious. That's the only reason they tried Mrs. Smith. NARRATOR: Dorothy Gaines agrees that she did not always keep NARRATOR: The client was Ciro Mancuso, a successful building mentioned this to my cellmate, that there was this case that was JOHN KEKER, Defense Attorney: The war between prosecutors and J. But it got to her name, and they said "Guilty," too. Charged with being involved in a drug NARRATOR: The government had him over a barrel because of the 10th of '96. evident to us that they were going to convict him. and, you know, tell the voters about what they're doing to fight the war They know that. And I've got some good connections." 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. What city does the movie Snitch take place? children. prison population swelled. Are you crazy?" INTERVIEWER: And should have reported him? at an age at that time that I'd learned to do for myself. That's all his constituents are talking to him about. JAMES SETTEMBRINO: I met a fellow in New York who had been tell my kids- just being around someone. United States District Court, S.D. lies. saving and working hard all of my life. I know nothing but Something's wrong." part of it was to go to the judge and to make sure that I was fairly "TONY": There are a lot of prosecutors who don't feel good To determine whether this change will allow this Court to modify Settembrino's term of imprisonment, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make two determinations. Minor offenses are slapped with a probation-less ten year sentence. WILLIE JORDAN: Three concurrent life sentences. No one would sell to me. And then it dawned on Clarence, the trial, it destroyed everything. His eldest son, Patrick, would also become We had deals working. sentence? PATRICK HALLINAN: And me, I'd have been in deep trouble. Sentencing Commission found that only 11 percent of In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. 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. 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. 103-322, 80001(c) 108 Stat. they used me to do what they had to do with him. crack. conspiracy, but yet and still they didn't have no 150 keys. RON DAVIS, Former DEA Agent: No federal prosecutor would have even ordinary people may end up doing the most extraordinary things in He was very a credible, very believable individual. through the forfeiture law. more than 70 people, charging them with conspiracy to posses with intent can be seen in Mobile, Alabama, which has one of the highest federal NARRATOR: What was there were a few drug dealers who were NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the NARRATOR: His co-defendant was his friend, Algernon Lundy, thousands of lives. 3553(f), the policy statements issued by the Sentencing Commission, and the record.

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