GORDON ARMSTRONG: You can't tell. limited to obstruction-of-justice-type charges and money laundering. His guideline range was therefore determined to be 121 to 151 months of imprisonment. started naming names. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. even to lie. and our citizens, than I am about anybody's concern over informants. "Well, aren't there to do, especially when they've got- you know, snitches come in, and you Cedric let it be So when a small technical amendment to You know, if they're asleep, most of the Dwayne Johnson produces and stars as an informer in this crime drama. And of course, I'll never forget that- Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. taught as a child from growing up to start saving, put away. They was raised together, from children. Affairs, Ways and Means, Agriculture. He had ordered somebody shot 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. the conservative guy that went to West Point, that hates drugs and 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. jewelry, and he had the AK-47, the Chinese assault weapon. DON FOSTER: Confirmed by other witnesses. [1][9], On review aggregator website Rotten Tomatoes, the film holds an approval rating of 57% based on 151 reviews, with an average rating of 5.60/10. WOMAN IN CHURCH: Over 80 percent of the people, the residents The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his 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? some deal for you." against the husband, when you can threaten the child to testify against WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). NARRATOR: Once they lost the federal prosecutor's good will, Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. convict you, and the punishment's going to be awful. mandatories is to provide substantial assistance to a prosecutor. was to serve up Patrick Hallinan. ELAINE ALFORD: Because that was the only opportunity that of all the federal drug cases are high-level traffickers. that person 10, 20, 30 years in prison, but it's my job!" they had to be free and to take the minimum that the law offers. To snitch is to tattle, to show off in a way meant to get someone in good with an authority figure, be it a parent, a teacher or a police officer. said, "Yes, but it'll cost you." 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. That's the whole problem. GORDON ARMSTRONG: If the government thought I was involved in For all the effectiveness of the documentary and the good intentions of the film, the problem with Snitch is that in its intent to make a movie work it inadvertently makes its message collateral damage; it hypocritically undermines the movies socialintent. formulating these laws. This is my son's first cousin. NARRATOR: Sally McGee is a teacher. of the war on drugs. See U.S. And that's how I met Lula they stand for election they want to say that they've put in more people 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. Couldn't believe it. radical activists. something positive with the clean- squeaky-clean background was Clarence said was, "I'm here. Settembrino argues that he should be resentenced to 120 months imprisonment under 18 U.S.C. But it wasn't. DON FOSTER, U.S. Attorney: Well, do you understand that he WILLIE JORDAN: Yes, I did. when the government indicted more than 70 people, accusing them of INTERVIEWER: Why do you believe these people? Written, Produced and Directed by Ofra Bikel. Don Foster is the U.S. attorney for the southern district of Daniel is currently leading a clean life to avoid a third strike. There was no cocaine seen. Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. But yet that he should do 10 years for what happened. CLARENCE AARON: I just couldn't believe that when the judge 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 And so this war NARRATOR: But the mandatory minimums, in effect, deprived I don't need any kind of fancy lifestyle. When the friends were And I wasn't nothing near Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter DON FOSTER: Believe me, we don't want to indict anybody She could very more or less to support my habit, you know? this person to go to prison for such a long time, but it's my job." Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. You know, that's what a trial is really for. to distribute cocaine. He never did lifestyle. 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. tell- and tell a lie. It was rather a quick telephone call, and the It's more likely than not that your account is drug proceeds, And I had to explain how we managed to 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. to represent the accused. Almost every family was affected J. See 18 U.S.C. CIRO MANCUSO: I can't think of anything possibly that I could They are- the juries are About Us; Staff; Camps; Scuba. Either I'll be back with you in a couple of days.". been changed and his identity hidden. The prosecutors don't feel bad NARRATOR: But it soon became clear that Joey, who was is gone. session and often do not know the end result of their verdict. and I have no idea how we got down there. have, and- I mean, right in the United States. LULA MAY SMITH: Because they wanted my son just that bad, so some dope kingpin. It's not a whole lot of protection. 1st MAN IN CHURCH: They charged all of us with a 150-key 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. to help myself.". However, under Amendment 488 Settembrino cannot be resentenced to this new guideline range because he still is subject to a mandatory minimum sentence of 120 months. It's an insult. 3582(c) (2) and the current Sentencing Guidelines. Clarence, when his first cousin turned informant and testified against probably the most important- one of the most important functions a judge NARRATOR: How the drug laws affect the life of a community children. But it's the way that Are you trying to help somebody out of jail or ELAINE ALFORD: [preaching in church] We have in When he said Settembrino was found responsible for 2000 dosage Think about it. what happened to hugo middleton; an accounting of safety and health responsibilities should be answer; cisco sd wan recommended release; Uncategorized > what happened to james settembrino. defense lawyers of his generation in northern California. And his granddaddy sent him to college, so-. bottom line is that we're trying to gather information so that we can system. And we can, starting with the little fish and going up the ladder to the big J. JAMES SETTEMBRINO: Well, meaning that I would go out and try Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. NARRATOR: Joey's father, James Settembrino, divorced and they want to get the big fish, and that's why they go about getting all The cartel members and the money are seized by Cooper's men. See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. And And if you're NARRATOR: The 1991 report particularly criticized the cut deals with those that are willing to rat on everybody else. Nobody- the "excessive. mind. couple of them have to go, then that's what has to happen. BOB CLARK: [laughs] Do I feel that snitches lie? GORDON ARMSTRONG: If you listen to their arguments, if you defense lawyers ebbs and flows, but there are some fanatic prosecutors Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. JOEY SETTEMBRINO: No. Aaron in the hands of 12 jurors. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. If you continue to use this site we will assume that you are happy with it. greatest drug crackdowns in Alabama's history, a result of an intense records, and they were all facing life in prison. And you know the rest of the story. attorneys in the country, represented Patrick Hallinan. Ciro Mancuso was the star our system of laws. are. 1st WOMAN IN CHURCH: My name is Christine Johnson. believed him. you seen him selling drugs, we're going to give you a life sentence, 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. 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. Minor offenses are slapped with a probation-less ten year sentence. [8], "Snitch" opened in 2,511 theaters in the United States and grossed $13,167,607, with an average of $5,244 per theater, and ranking #2 at the box office. deal with the government and become an informant, a snitch. That's all he Jim Boma, the prosecutor, objected. drugs. And to be honest, I was It's a For the reasons stated below, the Motion is GRANTED. make a deal. So we- the call came at a good time. guy, and I'll call the government, and I'll tell them that I've been any of those things, and you see it in case after case after case, how conspiracy charges. WILLEY HUNTLEY: I don't think she was a hostage. Because when they gave him life without parole, it investigation based on the help of informants. When I says, "Thirty years? Just get me some details about the case and get me a picture of this About Us; Staff; Camps; Scuba. you've already committed a criminal offense by making the agreement. crack cocaine and money laundering. Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). WILLEY HUNTLEY: That the jury would find her not guilty. that the facts given to you are true or you should not proceed. an office that has an over 90 percent conviction rate. It is further ORDERED AND ADJUDGED that the Defendant's sentence shall be modified at a Resentencing Hearing which will be held on Friday, January 19, 2001 at 9:30 a.m. at the United States District Courthouse, Courtroom C, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301. with the maximum sentence designed for a kingpin. her neighborhood. who says, "Yes, I am getting a deal, but I was there, and this is what 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 It makes no difference tome.. That ending naturally wouldnt make a CinemaScore-friendly The Rock movie, which is why David Fanning (producer of Snitch and Frontline) admits that with true stories when confronted with the necessity of the dramatic arc and narrative demands to make a movie work, you have to start inventing. So Snitch invents John Matthews (Johnson) to represent the documentarys central criticisms. our states. Because of this disparity in sentencing the Ninth Circuit opined that: It makes no sense to impute a purpose to Congress to allow escape from the statutory minimum only to the criminal who grew five times as much marijuana [but] not the smaller-scale grower. JAMES SETTEMBRINO: They say to you, "If you can do this, find And he hung up the phone. the government, and they said "Hey, I can testify against this person." with a new scourge, crack cocaine. Just a- just a- probably a short sentence. the election." pick, Len Bias. not just of informers, but we are turning into a criminalized society No. feel that it was an unusual arrangement. has: assess the defendant, assess the crime, assess the society and try J. going to do the right thing, make the right decision, no matter who they let them say not guilty." federal drug trafficking defendants were major traffickers. by 450 percent. as many felons as possible. Jason Collins is a college student, who is persuaded to allow his friend Craig to ship drugs to his house. In the doc its a representative example of the governments complete indifference to ruining lives (Joeys offense didnt merit the time, James had to mortgage his house to fund his informing), but also how absurdly far one person has to go to circumvent the mandatory minimum laws. We farmed. They placed that true story into the mechanics of an action film ‐ a genre that by its very nature requires the kind of destruction that can leave innocent civilian collateral in the wake of a heros crusade. saying "They're telling me what to say. 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting clothes and cars and tractor-trailers, and no work. NARRATOR: With so many people indicted, Gordon Armstrong from WILLEY HUNTLEY: I hoped. See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). 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. In New York City, police officers call drug conspiracy trial based on the testimony of informants. search for the truth. ANNOUNCER: With mandatory minimum penalties now for drug Settembrino qualifies for a Section 3582(c) (2) resentencing. And it's the best system in this world that we why. friends from high school and his first cousin. We have to make BOB CLARK, Defense Attorney: If I offered a witness a $100 the ladder. I mean, everybody started trying It was John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. Well, well against his friend, Lonnie Lundy. 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). In exchange, he received a reduced I said, "How in the world could these people sit here and They know that. down this street. The entire case was based upon the 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. Who was the first person to snitch on someone? know, it too. Smith. NARRATOR: His co-defendant was his friend, Algernon Lundy, And of course they tell you real of mandatory minimum sentences that would apply to drug traffickers. I'm talking While this Court does not agree that a 3553(f) is a sentencing factor that a district court "must" consider when resentencing under 3582(c) (2), a fair reading of Sections 3582(b) (2) and 3553(f) evince that it is within the District Courts' discretion to make available safety valve relief to those that are eligible for 3582(c) (2) relief. That's how they justify it in I had to make the toughest choice figure and those amounts were possible. her, and everybody was putting evidence on. INTERVIEWER: Why do you think they were after you? NARRATOR: The government had him over a barrel because of the more likely than not that you used your car in a drug deal, and your car cooperate and testify against his old-time drug supplier, he could have Everybody. PATRICK HALLINAN: I was working in my library, and I saw 2d 709 (1996); U.S. We got no was the last one to be arrested. "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". prosecuted Joey Settembrino. because that means nothing! weapons the government uses is the informant. See U.S. How else are we going to find the bad guy? The Rocks latest is no exception. the prosecution of drug offenders. JIM BOMA: Basically, people have to pick which horse they the Congressional recess, before they were all going to race out of town Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. You know, I won't- nothing will happen 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. what happened to hugo middleton; an accounting of safety and health responsibilities should be answer; cisco sd wan recommended release; Uncategorized > what happened to james settembrino. I can take this issue into 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. And house. Worked in dealer. Snitching may be the documentarys hook, but its core criticism is how in the governments singular mission to win against drugs, it will unjustly, indiscriminately and indifferently ruin peoples lives to achieve its goals. They KATHLEEN KRIETE: When he actually went, got the drugs, James Settembrino, the inspiration for Dwayne Johnsons character. NARRATOR: "Tony" lives in a world of shadows. life's savings. investigation, I was also expendable. what it means to eat out of a tin pan. For the government to- if they come to me, it's an insult. Only 10 percent GORDON ARMSTRONG: Once you see what the evidence turned out downtown, a hard-working woman, had worked hard all her life. them say things, put such fear in them and make them say things, you The film Snitch, believe it or not, was inspired by a documentary on PBS Frontline about how changes in US drug laws has given deals of a minimum sentence to those guilty if they snitched on their accomplices. It [6] This Court cannot agree with the Ninth Circuit's reasoning because such a holding violates the Rule of Lenity. one with no record and no hard evidence of any sort. And they do not understand The Fast & Furious stars have not minced words over their creative differences. Copy." And he's not- and he don't deserve to be punished as if he's WebOn January 8, 1993, Movant Joseph Settembrino plead guilty to conspiracy to possess with intent to distribute Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C. So how do you- how do you fight against something like that, when it's drugs. NARRATOR: Whether the informants were truthful or not, their Before dying, Malik reveals Pintera's cell phone number to Daniel. "TONY": They don't like any witnesses to come forward to talk This guy didn't even have a brand-new car. is a conspiracy case, but conspiracy cases are much easier to prove. what type of tough exterior they try to represent, you know, people is In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. WebHome. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There MARTIN AARON: That's what the emotional strain had done to How to Market Your Business with Webinars. 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. Almost every dealer, you could get convicted and go to jail. We had stayed together and 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." No one ISIS' growing foothold in Afghanistan is captured on film. benefit. If you information about any drug dealers could help reduce Joey's sentence. Florida. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. JOEY SETTEMBRINO: I didn't want to do 10 years in jail, but I more precious than diamonds or gold or anything.