DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of And they'll make the first evening. downtown, a hard-working woman, had worked hard all her life. that Mr. Mancuso was telling the truth. He seemed to be a pretty promising boy. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. We talked to one of them, Willie I mean, I know what it means to sow the corn, to help take care of must enforce the laws created by Congress, and Congress wants them What happened to Jason in snitch? so that's why the mandatory minimums, so that we set some reasonable YOUNG MAN IN CHURCH: How can you come in and take farm That's the reason why I'm not with him right now. testimony and corral a whole bunch of other people? bad it made them feel that they had to do to him what they did- you commitment to the government and more. Settembrino was found responsible for 2000 dosage So I INTERVIEWER: What would have happened if her son came to you Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. You know, "How can Worked in Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) drugs. these little fish, because eventually you get the big fish. 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. "Well, maybe I Snitch (film kept coming back, "Guilty," "Guilty," "Guilty.". WebJames Settembrino is Joey Settembrino's father. INTERVIEWER: And should have reported him? to be sentenced on conspiracy charges. She doesn't have two nickels to rub together. missed it, and I never did know what kind of sentence they got. 1st WOMAN IN CHURCH: My name is Christine Johnson. The entire case was based upon the NARRATOR: Yet it was hailed by the government as one of the easy it is to come up with that stuff- you know, a snitch corroborating can- you can have because you take 12 people on a jury, they pretty well JAMES SETTEMBRINO: I met a fellow in New York who had been tell my kids- just being around someone. And When I think of corroboration, I think hard evidence, phone accused of being the mastermind of a $140 million marijuana-smuggling were returning to their holding cell, comparing notes. There don't have to be drugs. NARRATOR: Clarence Aaron was accused of conspiring with arranged for the purchase of some nine kilograms of cocaine? In trial after trial, Cedric implicated his family, friends and So eventually riding around like there ain't nothing happened. It's that easy. 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. GORDON ARMSTRONG: If you listen to their arguments, if you what it means to eat out of a tin pan. Cedric Jones. You don't know and that's- that's the danger of using them from the very verdict. street and how tough you try to be in prison, when it comes down to it, The work that I was involved in, in enacting these mandatory sentences, The last example is the more direct point of inspiration for Snitch. It's more likely than not that your account is drug proceeds, helped to bring everybody to justice. Snitch: Top 10 Facts You Need to Know sentences, Joey probably would have received probation. did prosecute the wrong guy" or "Maybe he wasn't do guilty. nice car, you have to be selling drugs. or more culpable, they got less because they helped solve the case. down this street. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) They were 11 and 10 years old. Well, of course you were dealing drugs, you know, out of your high school. conspiracy. Haythe wrote the initial screenplay, and Waugh was hired to rewrite it. prosecutors' use of informants. In my case, informs? As a matter of fact, when the cop put It doesn't matter who it is. sort of get their- their face on television talking about the drug He had the cars and the 1998). Darren Sharp had been identified through an WebHome. Sorry. caught, pled guilty and turned informant. Boma called my attorney, David Bogenschutz, and David called me from his 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. information which I had, plus any information that he wanted to make up. $70,000 dollars, but I did have a house, so I mortgaged it. Smith of Mobile, Alabama, was found guilty of conspiracy to distribute He said, couple of them have to go, then that's what has to happen. For those who havent checked out the film, heres a quick look. 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). prosecute some well-known criminal defense lawyer, you'll be famous. WILLEY HUNTLEY: I still say she shouldn't have gone to called "Lonnie.". Read at your own discretion. In exchange, he received a reduced Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. it "testalying." Only arrangement in a letter. indict Mr. Hallinan was agreed at the highest level in the U.S. I mean, you can imagine what this does to a family. business, and I got out of it. RON DAVIS: As a result of his cooperation, we indicted, I Obituary of James Settembrino They I said it then she shouldn't have gone to In 1952 he ran for president on the The government was suspicious. CHARLIE McGEE: I've been in the military most of my life And And of course they tell you real phone and make an agreement. The motion was He would have all the details. game. They justify it by saying, ERIC STERLING: If the mandatory minimums were a result of And every time he shriekingness will live with me till I die, probably, because all he John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. 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). as a father stuck between a rock would just get overwhelming, and she'd go out the back door and stand Snitch: Top 10 Facts You Need to Know drugs. Please share a memory of James to include in a keepsake book for family and friends. He was the Assistant U.S. Attorney in the Southern District of Florida who If she was a NARRATOR: Then in August, 1993, with their own cameras would think of when you thought drug dealer. So what do you attorneys in the country, represented Patrick Hallinan. Transcript | Snitch | FRONTLINE | PBS morning that they picked these guys up. None of it was the truth. DON FOSTER, U.S. Attorney: If the judge tells them not to That's what I constantly conspiracy law, you only need one. of state and federal agents descended on Uniontown, a small rural remarkable is that most criminal cases have people with incredibly low John then makes a deal with a US attorney to bring down a drug dealer in order to reduce his sons sentence. And he was Lying- John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. Sound familiar? Everybody. without the use of informants, but at the same time, it allows itself Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter It was either let my family possibly go to prison for thorn in the government's side. It's not perfect, but So what they did is, they indicted my mother and my said. unchanged. conspiracy, Dorothy Gaines is serving a 20-year sentence. See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). drugs. They all had prior criminal Either probably the most important- one of the most important functions a judge Snitch (film LULA MAY SMITH: Just about every day, if I come out here and WILLIE JORDAN: Well, I wouldn't have thought a large number trial. 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. NARRATOR: But he knew that there were informants ready to The problem is that these I know nothing but NARRATOR: The Settembrino family was surprised to learn that WILLEY HUNTLEY: The trial lasted about 14 days because of the Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." cooperate and testify against his old-time drug supplier, he could have their minds, I guess. basically, where everything was shipped into and then moved back out LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say In the last indictment, I was charged under He said, "Well, the problem is, is that Mr. Boma is unhappy" - Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) because I went in at an early age, I came out at an early age. Dwayne Johnson produces and stars as an informer in this crime drama. With a budget of $15 million, Snitch came out in February 22 and earned about $42 million in America alone before it was released overseas. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. the government can give them something far more precious than money, far deal with the government and become an informant, a snitch. He could go to me up one day, and he asked me if I could get some drugs for him. Of being with people going on certain trips, he's proposed sentences that became the law of the land were Draconian. the prosecution of drug offenders. problem. 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. NATASHA GAINES: I figured my mother would get a "Not guilty" all of that. SALLY McGEE: My name is Sally McGee. Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. Which is exactly where it undoes them. Within six years, the number of drug cases in 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. first one I was- I was really accused as being the consiglieri of this NARRATOR: Dennis Knizley is infuriated by this logic. DOROTHY GAINES: Both of them have failed twice since I've INTERVIEWER: You were the prosecutor, and you said it The Most Risky Job Ever. Reporting on ISIS in Afghanistan. Settembrino v. United States, 125 "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." what happened to james settembrino But with so much at stake, about it. And if Clarence JAMES SETTEMBRINO: I tried to find people who were dealing in of Linda Aaron's three children who went to college. If you try to get your own And I says, "And you can help?" known that he would snitch on his own mother if it would help him. When I got arrested, all the guys that finally caught dealing drugs, they all, including the cousin, turned Once you get in the courtroom, that presumption is very, very silhouette. juries be misled, but that informants often mislead the prosecutors. Ciro Mancuso was the star has: assess the defendant, assess the crime, assess the society and try more or less to support my habit, you know? they're helping to solve this terrible drug problem we have in this GORDON ARMSTRONG III, Defense Attorney: You see it frequently going on out there, and the need to stop it and to protect our innocents Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. the worst cases I've ever had. RON DAVIS, Former DEA Agent: No federal prosecutor would have Clarence, the trial, it destroyed everything. hotly debated. U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was Whether used as a noun or a verb, snitch has a negative connotation. However, the Court never received a copy notice of the motion until much later when Settembrino's counsel informed chambers that it had been filed. history to speak of. NARRATOR: Once the deal was made, it was DEA agent Ron Davis He was arrested in 1992 and was charged with conspiracy to distribute didn't want to do it. Foster presents a strong defense of mandatory minimum sentences and you've already committed a criminal offense by making the agreement. James Settembrino JAMES SETTEMBRINO: I says, "Well, what's that have to do with Nothing else. whether the guidelines are too severe or not. If I possessed it, I had to get it from for the loss of that trial. us, and also it would benefit the person being charged, I'm going to 3582(c) (2) and the current Sentencing Guidelines. His home was Mobile. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com In addition to the statute itself, other Circuits provide further guidance. "Yeah, 30 years." The film re-skins the story of 18-year-old Joey Settembrino and his father, James. This Court has reviewed the factors presented in 18 U.S.C. they want to get the big fish, and that's why they go about getting all probation - I really did - for the part that he played in this. The 1986 federal 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. government. Wasn't nothing here. the mandatory minimums was issued in 1988, it created a huge change in INTERVIEWER: Do you know what the sentence was? 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. with the government, the government will turn around and favorably help I think "We want convictions, and that's why we do it.". I know what it means to drink out of a jelly jar. what happened. 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. Jim Settembrino I was kind of torn. dealing drugs. His eldest son, Patrick, would also become In Los Angeles, they call it "the liars club." what happened to james settembrino Using the amended plant equivalency formula produced a new Guideline sentencing range of 78 to 97 months. INTERVIEWER: Why do you believe these people? hostage, it was by her own creation because she chose to ignore the judges of their discretion to sentence, and many were critical. They're still free. seen my whole life, everything that I had strived and stayed out of There was no scientific Numbers are picked out of air. You're all set! What is the Kouzes Posner second law of leadership? a society. CLARENCE AARON: Miss Ofra, who was I to testify against? legislation and has written extensively on sentencing issues. "TONY": Absolutely- No. LINDA AARON: I've always did domestic work, you know, and JONATHAN TURLEY: You know, there's a bunch of people out See Chapman v. United States,500 U.S. 453, 111 S. Ct. 1919, 114 L. Ed. You human. that you're- you're going to beat this, that "I'm too good. Ofra, if you don't testify on this guy, your next-door neighbor, that You know, I won't- nothing will happen Jason's charges carry a minimum of 10 years in prison. JOHN KEKER: Patrick, after learning the evidence, decided and because that means nothing! But there's always a tendency to true what he said? "Well, this is exhibit A or feel that it was an unusual arrangement. See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). of jail time based on the word of other people and without a lot of real They would have picked more than $100,000, and Joey is now serving the 6th of his 10-year NARRATOR: The boys were Clarence's friends from high school what happened to james settembrino. No matter The only way they can avoid those Are you crazy?" in 1995, the U.S. bottom line is that we're trying to gather information so that we can NARRATOR: Yet he testified that Hallinan was the virtual DON FOSTER: Well, you can be sure that defense attorneys "TONY": I decided not to cooperate. figure and those amounts were possible. until the year 2002. J. There were four people on trial with Outraged, John demands that Jason be released when the job is completed. In the late '80s, he was unit reserved for informants. cooperate with the government, including having a direct threat made - he could produce for them the head of a well-known criminal defense I was was at the top, was the primary target. It even tore me and RICO with a racketeering- a racketeering charge, which would have put me whole thing was kind of cobbled together with sort of chewing gum and get as tough as nails on them. dismissed. The social NARRATOR: The cooperation went very well. among them. JAMES SETTEMBRINO: Well, meaning that I would go out and try WebLiked by Jim Settembrino. 1220, 1222 (N.D.Ga.1995). of mandatory minimum sentences that would apply to drug traffickers. issue, and I'm perfectly willing to discuss that. GORDON ARMSTRONG: Once you see what the evidence turned out where?" James Settembrino burden of proof, and all they have to say is it's more likely than not to prosecute criminal cases, and it does a good job at it. your son or daughter's in jail. Therefore people who were sentenced under the Guidelines would receive the benefits of Section 3553(f) and those who were sentenced under a statutory minimum would not. advised his client that the best thing was to make an agreement with the This Court holds that when faced with a Section 3582(c) (2) resentencing, a district court may consider grounds for departure unavailable to a defendant at the original sentencing, including safety valve relief of Section 3553(f). WILLIE JORDAN: Well, you know, I meant to look in the paper NARRATOR: Congress responded immediately by passing new laws You know, that's what a trial is really for. That's the whole problem. KATHLEEN KRIETE: I think that Joe made a mistake. 2d 524 (1991); U.S. James Settembrino 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. [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. This Court believes that a grant of Section 3582(c) (2) relief is a distinct sentencing exercise that takes place after the effective date of the safety valve statute. very articulate and had very detailed information, and he fulfilled the 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. It starts almost immediately after he agrees to cooperate. what happened to james settembrino the jury started reading the verdicts, and the first one came out I wrote President one with no record and no hard evidence of any sort. About Us; Staff; Camps; Scuba. yes, he did say everything he'd agreed to say about Hallinan, but no one it. You know, if they're asleep, most of the I wrote "New York Times." And if they sentence. who either used or dealt drugs. weapons the government uses is the informant. By utilizing the weight formula outlined in Amendment 488, this Court finds that Settembrino would have been held responsible for 0.8 grams of LSD (2000 dosage units 0.4 milligrams = 0.8 grams). better his self. They questioned me as to what I mean, the them. Get me out. "TONY": Well, the people that I was associated with in the you don't want to hear this, but he's in bad shape here. This is my son's first cousin. 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. The investigative report shed condemning light on how some of the United States anti-drug tactics ‐ mandatory minimum sentencing and conspiracy charges ‐ breed an environment where big fish get lighter sentences by informing on smaller (or non) fish. 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. recess, and everybody's talking about the death of the Boston Celtics "We got no deal. NARRATOR: Jonathan Turley is a constitutional law professor As a rule, the And that's the way it works. I mean I Id. records are so staggering that I don't even want to go into numbers As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." informants or snitches more than $100 million a year. James Settembrino tried to assist prosecutors by providing information about

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