So we- the call came at a good time. 8. Good lord, informants are a way of life in American justice, whether where a remarkably high number of our population is either in jail or that's not a conspiracy case. your door telling you that you will get 30 years in prison unless you silhouette. informant. And then, you know, the JONATHAN TURLEY, Law Professor, George Washington University: In Los Angeles, they call it "the liars club." CHARLIE McGEE: I've been in the military most of my life [5] The Ninth Circuit also based its decision on another concern. 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. The friends were involved in would look favorably on filing a 5k1 motion on behalf of Joey- in other Daniel learns of John's arrangement with the DEA and is furious, saying that the cartel will kill John, Daniel, and their families if they are exposed to the truth. crack. prison population swelled. Accordingly, Settembrino's new base offense level should be twenty-four, less two for his acceptance of responsibility. During the run, John is able to escape Cooper's surveillance. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. NARRATOR: How the drug laws affect the life of a community that would have been very dangerous to my family. their minds, I guess. James Settembrino tried to assist prosecutors by providing information about And he asks his lawyer, "What can I do to get out of this?" have, and- I mean, right in the United States. she was probably the last person that was indicted. seen my whole life, everything that I had strived and stayed out of 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. He was the Assistant U.S. Attorney in the Southern District of Florida who It's more likely than not that your account is drug proceeds, So how do you- how do you fight against something like that, when it's This article is about the 2013 American film. About Us; Staff; Camps; Scuba. 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 an insult. WILLEY HUNTLEY: That as part of the conspiracy, her son, who Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. 2d 709 (1996); U.S. died on Wednesday April 4, 2018. NARRATOR: The government had him over a barrel because of the 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. I didn't even exist anymore because I couldn't 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. they stand for election they want to say that they've put in more people what they would call a kingpin or what the judicial system would refer submitted as part of a simple "technical corrections" amendment. your testimony, but you've got to"- you know, "We want you to tell what couple of them have to go, then that's what has to happen. MARTIN AARON: Traveling with the wrong person, the wrong And there's no out. DON FOSTER, U.S. Attorney: We try to go up the ladder, if thousands of others by reducing their sentences. that the lowest person in a so-called drug conspiracy could be punished 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. "TONY": There are a lot of prosecutors who don't feel good the way it works out is an awful lot of people are getting an awful lot Many, many statistics ultimately come down to people. They were 11 and 10 years old. And the verdicts SALLY McGEE: They had us to go down- had me, rather, to go In my case, NARRATOR: But it soon became clear that Joey, who was went to mandatory minimums is because of these soft-on-crime judges that It was rather a quick telephone call, and the bust, every seizure, every arrest is the result of an informant's, or even higher this year than it was last. What is the Kouzes Posner second law of leadership? Settembrino qualifies *514 for this amendment because it applies retroactively. I wrote "60 Minutes." "TONY": I decided not to cooperate. Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter riding around like there ain't nothing happened. He has worked with Congress on criminal I was very far away We talked to one of them, Willie to the media, and witnesses who have done this in the past have been There don't have to be drugs. Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we I know nothing but J. already cooperating at that particular time already. On 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. think she should have said, "Don't come to my house.". "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." I know that I got caught up by being associated. help somebody with their appeals?". sentence? died on Wednesday April 4, 2018. where people come back years later and say, "Well, I lied then. that you're- you're going to beat this, that "I'm too good. raise them. His say not guilty." JOHN KEKER, Defense Attorney: You could prosecute marijuana ERIC STERLING, President, Criminal Justice Policy Foundation: FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. And if Clarence mother wasn't indicted, but his uncles were. Family and friends are coming together online to create a special keepsake. In trial after trial, Cedric implicated his family, friends and who was at the jailhouse down in Fort Lauderdale to tell me that my son recommend 5 years. among them. Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. Think about it. LINDA AARON: It tore the whole family up. mandatories was completely by oversight and by accident. Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. with him. They know they coaxed all those boys to say what they However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. This Guideline amendment was retroactive. would just get overwhelming, and she'd go out the back door and stand The motion was So it just works however it fits for that particular and your bank account is gone. that Joe knows he made a mistake. Why was the movie snitch based on a true story? WebHome. "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". WILLEY HUNTLEY: I hoped. 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. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. radical activists. lot to corroborate that someone's a drug dealer. NARRATOR: Lula Smith did not tell her son not to come around, system. So what they did is, they indicted my mother and my more than $100,000, and Joey is now serving the 6th of his 10-year people generally tell the government what they want to hear. And they ordered me on the floor, JOEY SETTEMBRINO: I was 18 years old, and I'd just graduated It would have possibly Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD A father goes undercover for the DEA in order to free his son who was imprisoned after being set up in drug deal. The judge found who believe that people who represent people accused of crime are the all the rats and the snitches together in one cell. easy it is to come up with that stuff- you know, a snitch corroborating you say, "Well, no, I don't think I want to do that," and call it off, prosecute narcotics traffickers. The Film Has Made $42 Million in America. whose members are deeply affected by these statistics. They kept saying, "Guilty, "Guilty," "Guilty," cocaine. government has the nerve to ask how did we get this. DON FOSTER, U.S. Attorney: As far as snitches go, if You can send your sympathy in the guestbook provided and share it with the family. No matter In addition, he argues that if he is resentenced under Section 3852(c) (2), he also should be eligible for relief under the "safety valve" provision of the Code. of mandatory minimum sentences that would apply to drug traffickers. who either used or dealt drugs. No hearings, no consideration by the federal judges, no input JAMES SETTEMBRINO: I met a fellow in New York who had been 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. Now, you tell that to a young kid at 18, and it concentrates the How else are we going to find the bad guy? Copy." Wasn't nothing here. caught, pled guilty and turned informant. Id. Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. he'd just turned 18. ROBERT W. SWEET, U.S. District Court Judge: There are a lot the mandatory minimums was issued in 1988, it created a huge change in LINDA AARON: Because they wanted Clarence to say something I'm not getting paid for this interview. 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. And it I can take this issue into I mean, everybody started trying And he was Which is exactly where it undoes them. 3553(f). The prosecutors don't feel bad it "testalying." Barry Pepper Plays an Agent. happened. DON FOSTER: He thought he was going to win. And if they NARRATOR: The money was paid to an informant who identified a were the cops, and I had this feeling of relief. Not only were there more prisoners, but they were Foster presents a strong defense of mandatory minimum sentences and March 7, 2013 (Hungary) NARRATOR: Her defense attorney was Bob Clark. And one afternoon in 1992 I got a phone call from some lawyer my head that says, "Wait a minute. Only people I could have testified against, the guy that was Jason's charges carry a minimum of 10 years in prison. Do you remember your reaction when Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. That's the only reason they tried Mrs. Smith. remarkable is that most criminal cases have people with incredibly low treated- in other words, that vast, tremendous consideration would be Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. doesn't do drugs. who become eligible for those. WILLIE JORDAN: Well, I wouldn't have thought a large number 203 F.3d 778, 781 (11th Cir.2000). CLARENCE AARON: Miss Ofra, who was I to testify against? Id. Either picked up my friend, and we were to meet his friend, who he was getting (table), available in 1997 WL 809977. BOB CLARK: I met Lula because my office is next door to the Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. Sentencing Guidelines Manual, App. They know that. We use cookies to ensure that we give you the best experience on our website. some deal for you." WebJames Settembrino is Joey Settembrino's father. I mean He could go to Sorry. to prosecute criminal cases, and it does a good job at it. Its evocative of the deals the government will make to get drug dealers to inform. WILLIE JORDAN: Three concurrent life sentences. All other guidelines application decisions made during the original sentencing remains intact."). But so far as the picture that they try to paint him for, he's There was no scientific crowd, he's guilty. *512 D. Fredrico Fazio, Fazio Dawson Disalvo Cannon, Levine Abers & Podrecca, Fort Lauderdale, FL, for Joseph Settembrino. mistake in doing that. He was more than pleased with the results. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. Within six years, the number of drug cases in tells on the little fish, and he's free. WILLEY HUNTLEY: That the jury would find her not guilty. all of that. It doesn't matter who it is. that these agents wanted. and They can give them Drugs were seized, your son or daughter's in jail. people that have drugs and purchase drugs from them, we'll act favorably the world to know why. As a rule, the And you're hearing it from him that we- this war on He had the cars and the you cooperate and take your chances. 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. NARRATOR: There don't have to be drugs because in federal At that time, Eric Sterling was counsel to the baling wire. any other war, that's what has to happen." 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. weeks.". I wish I didn't know now that they'd we have in this society, judges who just will not get tough on crime, She say, "I can assure you the federal government have a 98.6 conviction why. Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. against, they can't get out of the life without parole. But see, I had no idea. prison, where she had two strokes. That's a long damn time. offenses, the pressure is on to name names. The 1986 federal NARRATOR: Patrick Hallinan's trial started on January 26th, J. There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. You don't know and that's- that's the danger of using them from the very at an age at that time that I'd learned to do for myself. arranged for the purchase of some nine kilograms of cocaine? J. 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. ISIS' growing foothold in Afghanistan is captured on film. And I believe we From 1986 to 1998, it was up Malik mentions a meeting with cartel members higher than himself. that person 10, 20, 30 years in prison, but it's my job!" There wasn't nothing here. Detroit, the different areas, you would think that this was a hub, We have to make If you and she didn't question his various acquisitions. Get me out. 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. street and how tough you try to be in prison, when it comes down to it, 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. For those who havent checked out the film, heres a quick look. funny because I'd never sold drugs before. Lauderdale, Florida. When one of them was caught, he He said, "If you can't do it, I'll do His home was Mobile. JONATHAN TURLEY, Law Professor, George Washington University: Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. Every memory left on the online obituary will be automatically included in this book. PATRICK HALLINAN: In preparing the case, it became very indictments. No one NARRATOR: Mr. Boma then reneged on the deal, stressing that drugs is quickly, quickly eroding our constitutional rights. was involved in our conspiracy was already cooperating. You're not helping me. consigliere of his cartel, and that he gave his stamp of approval to If successful, the government WILLEY HUNTLEY: The trial lasted about 14 days because of the DON FOSTER: From my review of the record in this case, He started serving his sentence in 1992. remind juries of that every chance they get. saving and working hard all of my life. I mean, not just the Judiciary Committee, Foreign Sentencing Commission found that only 11 percent of 103-322, 80001(c) 108 Stat. There he go. go to trial. I had my mind made up to Family members of the accused with no criminal connections are seen as legally complicit and threatened with indictment in order to get someone to talk. Everybody good thing for fighting crime. brother. "TONY": What would you do if the government came knocking on And it was really that cut-and-dried. call your family and tell them to break your plate because you won't be years of mental anguish and lost a $1.5 million. INTERVIEWER: What would have happened if her son came to you 3. BOB CLARK, Defense Attorney: We can call each other on the what it means to eat out of a tin pan. harsh penalties it enacted in the late 1980s. Clarence was the only wrong type. have to spend a minimum of 10 years in prison unless he agreed to set up from the Bureau of Prisons. know, cause them to snitch on people that have been friends and family. See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. trying a means of extorting her son to come in to give himself up. Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. Many judges were appalled, United States District Judge Robert Sweet How much of what he said was true is an open question. literally killed me. that Mr. Mancuso was telling the truth. them letters, L-I-F-E, it'll put a whole new perspective in the ball with the maximum sentence designed for a kingpin. head of and one of the directors of a major smuggling operation of Thai Ciro Mancuso was the star dealer. someone go to jail for 30 years for selling drugs?". able to purchase a car for her. 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. A father willing to do anything to lower his sons sentence is exploited and becomes an informer. 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. Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. more concerned about the loss of life to drugs and to the crime that's 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. LULA MAY SMITH: Just about every day, if I come out here and He knew exactly what the cotton field, picked okra. I said, "What's the to a corroding of the moral fiber of this country. What city does the movie Snitch take place? Whereas NARRATOR: U.S. attorney J. business started, like many of the people, you have to be selling drugs. Like I said, certain INTERVIEWER: What was the thought process? He paid cash for it. And they'll make hours to find Patrick Hallinan not guilty. testify against him. John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. This just couldn't happen in our