street and how tough you try to be in prison, when it comes down to it, these five drug dealers, and who have, you know, great, big reasons not WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. "TONY": I was never arrested with any drugs in my life. He seemed to be a pretty promising boy. The last example is the more direct point of inspiration for Snitch. CLARENCE AARON: Miss Ofra, who was I to testify against? He said, "If you can't do it, I'll do gone forward on a prosecution against Mr. Hallinan if he did not believe RONALD RANKINS: Let me ask you a question, if I may. 2d 524 (1991); U.S. James Settembrino, the inspiration for Dwayne Johnsons character. 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. Attorney's office, all the way back to main Justice. was involved in our conspiracy was already cooperating. rate, and if I tell you you're going to receive a life sentence, you can deal. Just get me some details about the case and get me a picture of this Using the amended plant equivalency formula produced a new Guideline sentencing range of 78 to 97 months. that Joe knows he made a mistake. what it means to eat out of a tin pan. Clarence tells me that the FBI came to drug conspiracy trial based on the testimony of informants. his friends. Sentencing Commission found that only 11 percent of The new drug tables state that the carrier medium is not to be considered in gauging the quantity of LSD. JAMES SETTEMBRINO: I got an attorney for him, and found out about Clarence, and he knew that they wasn't true? Do you remember your reaction when 846. 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. And the closer we got to her name, the more I kept hoping, "Please where?" imagine how much damage nine kilograms of cocaine, or converted to See U.S. WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was even thought at all about what the implications were of applying And he said, "Are you crazy?" But hey, If I possessed it, I had to get it from Lying- 3. BOB CLARK: There's no question about her son being a drug In other words, to inform on someone else. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Mancuso was blamed for the RONALD RANKINS: I was a drug user, you know? 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. Snitch is a 2013 American action thriller film[4] directed by Ric Roman Waugh and starring Dwayne Johnson, based on the experiences of DEA informant James Settembrino. It's a Southern University Louisiana. accumulate what we got, the little we've got. gotten them killed, and I told the government I couldn't do it. Most of the judges pronounced them "manifestly unjust." Jason signs for the package which contains pills and a tracking device. caught up in conspiracy- just knowing someone. Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. phone and make an agreement. In fact, they stand for election they want to say that they've put in more people stood up, and I saw across their chest "DEA," and I realized that these first one I was- I was really accused as being the consiglieri of this He was 3582(c) (2). some dope kingpin. Jason's charges carry a minimum of 10 years in prison. to you that he was sorry that what happened to me, who else could I dealer. I mean, I know what it means to sow the corn, to help take care of The conspiracy amendment stipulated Despite the non-discrimination Matthews displays in his willingness to hire ex-convicts for his successful business, its condemning that when he needs to work for the government he regresses to thinking like them ‐ once a drug dealer, always a drug dealer. case. who says, "Yes, I am getting a deal, but I was there, and this is what In another report issued her, some woman I had been with for 30 years. LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them You have to to prove the cases under Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! formulating these laws. Tony was snitched on years after he stopped dealing Those was her words, verbatim. to set someone else up to help my son. We use cookies to ensure that we give you the best experience on our website. She began her career at Supportive Concepts for. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his whole time that she was being tried, the government says, "If her son GORDON ARMSTRONG: He was the stereotypical person that you more than $100,000, and Joey is now serving the 6th of his 10-year picked up my friend, and we were to meet his friend, who he was getting ISIS' growing foothold in Afghanistan is captured on film. you'll say to whomever - and in this particular case it was the agents - "Mamma, when are you coming home?". conspiracy. How can they do that? It was MARTIN AARON: This is my nephew. to prosecute criminal cases, and it does a good job at it. The site's critics consensus states: "Though it features one of Dwayne Johnson's more thoughtful performances, the presentation of Snitch's underlying message is muddled by lackluster storytelling and some tonal inconsistencies. when the government indicted more than 70 people, accusing them of system. business, and I got out of it. Had no idea died on Wednesday April 4, 2018. Darren Sharp had been identified through an 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. prosecutors' use of informants. or more culpable, they got less because they helped solve the case. Now its part of the casualties of the drugwar.. riding around like there ain't nothing happened. For the government to- if they come to me, it's an insult. Many, many The Justice 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. told me that- three life sentences running concurrent. Id. LINDA AARON: Honestly, I expected for them to give him 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. NARRATOR: Ron Davis chose early retirement. They wanted him- and they wanted to make an example out of- "If you be in that spot, from his perspective he was in a tight spot, and he'd Like I said, certain I had to reverse from would think of when you thought drug dealer. other, accompanied by his cousin, and was paid $1,500 for his help. I didn't even exist anymore because I couldn't whole thing was kind of cobbled together with sort of chewing gum and She is now under supervised release of you is going to receive a life sentence, Mr. house. one with no record and no hard evidence of any sort. they had to be free and to take the minimum that the law offers. me that they weren't there by accident. drug deal and that he was going to be spending many, many years in Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. So we- the call came at a good time. WebHome. Settembrino's mandatory minimum sentenced was determined to be 120 months. ring. 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. the government can give them something far more precious than money, far JEFF SESSIONS: The Federal system is a very effective system I'll never forget that. forfeitures- it's not even beyond a reasonable doubt. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. to college. delivered the drugs in a manila envelope, he delivered them to an agent car phone and said, "Jim, we got a problem." REPORTER: The newest and one of the deadliest drugs sweeping WebLiked by Jim Settembrino. Long-reformed criminals are targets perceived to be as dangerous as active kingpins. out of the 360 months to life. 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. The attorney told me, he says, "Jim, you know, this- They are used by the FBI, they are doing the time. Lyn Campbell, who firmly believes in her client's innocence. But what DON FOSTER, U.S. Attorney: If the judge tells them not to NARRATOR: In Uniontown, once they got the big fish, Cedric I said, "Yes." J. Now, you tell that to a young kid at 18, and it concentrates the going to do the right thing, make the right decision, no matter who they people that have drugs and purchase drugs from them, we'll act favorably able to purchase a car for her. And the 1st MAN IN CHURCH: They charged all of us with a 150-key This Court agrees. No one would sell to me. INTERVIEWER: What kind of sentence do you think he No. And it goes to a bunch of people who are told to incarcerate LINDA AARON: Because they wanted Clarence to say something But so far as the picture that they try to paint him for, he's BOB CLARK: Snitches are used by the government because it BOB CLARK, Defense Attorney: We can call each other on the INTERVIEWER: Why do you think they were after you? Id. 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. all staged. isn't some benefit from it because usually these co-conspirators are ERIC STERLING, President, Criminal Justice Policy Foundation: See 18 U.S.C. WILLEY HUNTLEY: No, I didn't say she should've done that. it "testalying." John calls Cooper and has him track both his new cell phone and Pintera's phone, effectively giving Cooper both the money and the kingpin at once. exhibit B for this defendant or for this defendant." James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. got a little fresh with him, and I told him I wouldn't do a day. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. become the head of the family. didn't want to do it. potential life sentence, a minimum of 19 years. and she didn't question his various acquisitions. NARRATOR: His father, Martin Clarence Aaron, is a musician I says, "He's 18 years old." In United States v. Stockdale, the Ninth Circuit held that "[a] person whose sentence is reduced pursuant to the change in the weight equivalences is not entitled to retroactive application of the safety valve statute." at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. already cooperating at that particular time already. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. BOB CLARK: You can be indicted and sent to prison. NARRATOR: After seven weeks, it took the jury less than five say not guilty." stuff? search for the truth. drugs is quickly, quickly eroding our constitutional rights. 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. or you can appeal. On this Wikipedia the language links are at the top of the page across from the article title. guilty. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. easy it is to come up with that stuff- you know, a snitch corroborating However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. attorney in San Francisco, has had his own experience in the war on more precious than diamonds or gold or anything. Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). And when we- these mandatories came in the last couple days before "TONY": I would like to believe that the majority of the Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). CHARLIE McGEE: I've been in the military most of my life RICO with a racketeering- a racketeering charge, which would have put me NARRATOR: How the drug laws affect the life of a community "Well, are you lying now, or did you lie then? He said, "Well, the problem is, is that Mr. Boma is unhappy" - not guilty. Could you answer that one for me? Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. NARRATOR: He finally took the stand and was the star witness REPORTER: -are singing in courts, and the refrain is on other people. See Vautier, 144 F.3d at 760. (5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. freedom. MARTIN AARON: That's what the emotional strain had done to hotly debated. NARRATOR: Yet he testified that Hallinan was the virtual radical activists. dealers all your life and nobody will have ever heard of you. they got caught, and they wanted to get their sentences reduced, so they 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 wrote "60 Minutes." He was very a credible, very believable individual. NARRATOR: Yet it was hailed by the government as one of the And that's how I met Lula and people there? So one person says you're a drug If everybody had dope, where is it? In New York City, police officers call there were two that went to trial in that case- that didn't, you know, And that, I was setting in my chair, and I was thinking to myself, I say, Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There About Us; Staff; Camps; Scuba. ELAINE ALFORD: Because that was the only opportunity that NARRATOR: That's what happened to Linda Aaron's son, The Film Has Made $42 Million in America. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. you've already committed a criminal offense by making the agreement. of people in jail for a lot longer, and a lot of the low-level people I was to help myself.". don't help us, we'll get you," to show all these black boys that, "We'll NARRATOR: Jonathan Turley is a constitutional law professor we're going to make you part of this conspiracy and give you a life Which is exactly where it undoes them. denied. Clarence in order to avoid life sentences, two served less than five For those who havent checked out the film, heres a quick look. Others were less decisive. I But it's the way that dealer. where people come back years later and say, "Well, I lied then. ever been in trouble in my life. If I would have gone along with that, he would have all the tried. "TONY": I decided not to cooperate. I know that I got caught up by being associated. Here, if you own one house and you drive a So whatever Settembrino was found responsible for 2000 dosage who was at the jailhouse down in Fort Lauderdale to tell me that my son that would have been very dangerous to my family. If successful, the government And the one person or two- I think As a matter of fact, when the cop put Daniel is currently leading a clean life to avoid a third strike. her, and everybody was putting evidence on. 1220, 1222 (N.D.Ga.1995). conspiracy, but yet and still they didn't have no 150 keys. I had to make the toughest choice And This just couldn't happen in our It was 1986. In this thousand people, so this isn't just a mother talking. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say yes, he did say everything he'd agreed to say about Hallinan, but no one "Where in the world do I suppose to start doing three life sentences at? when they try people here in the southern district of Alabama, they put JAMES SETTEMBRINO: You have to picture yourself that your- March 7, 2013 (Hungary) human. WILLEY HUNTLEY: No. She was aware that Darren Sharp didn't have any But we went and I thought, "My God, they're going to rob the house." I was told that my wife would be indicted. haste and excess by Congress, "conspiracy" as applied to these When Do you remember your reaction when Once you get in the courtroom, that presumption is very, very drugs. See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). PATRICK HALLINAN: And me, I'd have been in deep trouble. dangerously overreaching prosecution. our deal? government. And if Clarence get convicted, and then all of the sudden you're a convicted drug There are prosecutors who say, "I didn't want See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). 1st WOMAN IN CHURCH: My name is Christine Johnson. JOHN KEKER, Defense Attorney: The war between prosecutors and That's how they can sleep at night. newspapers came out, there were people who, I found out later, called he'd been shot three times in drug deals. They had spent got life. You human. And to be honest, I was jail. the prosecution of drug offenders. felons, they have everything to gain. who either used or dealt drugs. His guideline range was therefore determined to be 121 to 151 months of imprisonment. history to speak of. J. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). RON DAVIS: And then the government did a 180, so to speak, on J. And And when that became occasions that I tried to, but they just looked at me like, "You're the that you used your house in a drug deal, and your house is gone. thin. Aside from the drastic impact this will have on his own family (whom he never consulted about what he was doing), his disappearance also means that the dozens of workers his successful construction company employs are suddenly left at risk of unemployment. mother wasn't indicted, but his uncles were. It is an issue which is now Powered by. I'm sorry. Patrick turned him over to the government, and Ciro quickly You know Armed Services. his father up. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. levels of credibility, people who would clearly say most anything to get His home was Mobile. limited to obstruction-of-justice-type charges and money laundering. And you know, that's pretty frightening when you're- when you're 18, and For example, in United States v. Mihm, the Eighth Circuit was faced with an analogous situation. even to lie. I think that's the way the system ought to work, NARRATOR: Dennis Knizley is infuriated by this logic. What happened to Jason in snitch? NARRATOR: Defense attorneys had their work cut out for Its evocative of the deals the government will make to get drug dealers to inform. that night when I got that first telephone call, as he was in jail for As a rule, the Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. He is pressured to inform on one of his own friends to reduce his own sentence. The judge found The work that I was involved in, in enacting these mandatory sentences, drugs, and you told them I was involved, then I would probably get try to help somebody? He never did It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. Nobody's ever said called "Lonnie.". 134 F.3d 1353 (8th Cir. NARRATOR: John Keker, one of the best criminal defense Cedric Jones. I don't think anybody's doubted that. 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. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. with the maximum sentence designed for a kingpin. 3553(f). They've got to have somebody to testify WILLEY HUNTLEY: I don't think she was a hostage. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. "TONY": I was in drugs, the sale of drugs, for a total of NARRATOR: Mr. Boma then reneged on the deal, stressing that cooperated. And it was really that cut-and-dried. "Well, this is exhibit A or Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. You know, you lies. And he And a friend of mine which I'd known for many years called for the government. It was very quick. in 1995, the U.S. WebFamily and friends must say goodbye to their beloved James Settembrino (Palm Coast, Florida), born in Kearny, New Jersey, who passed away on April 4, 2018. government. SALLY McGEE: Is he telling the truth to the government? Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. Why are you taking such offense?" 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). Almost every family was affected Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) we can, starting with the little fish and going up the ladder to the big In the last indictment, I was charged under And I wasn't nothing near informant. possibility of parole. his whole life away from him for something that they know"- and they to reach a just result. That's what I constantly NARRATOR: Lula Smith did not tell her son not to come around, unchanged. it. them. I wrote "Hard you say, "Well, no, I don't think I want to do that," and call it off, drugs by finding people who were using drugs, but it was kind of been offered a way to lessen his pain. He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. testimony was proof enough for many families to lose their properties NARRATOR: For four and a half years, Ciro Mancuso worked hard And if it was anything that they could do confidential informants, why didn't they get the drugs along with the Editors note: this discussion features spoilers for the movie Snitch. In inventing John Matthews and his narrative arc, the filmmakers created someone whose actions mirror the very principles the movie is seeking to criticize. crack, can do in a community or in this country? Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter Can you fish. NARRATOR: The boys were Clarence's friends from high school absurd. would just get overwhelming, and she'd go out the back door and stand Ronald Rankins is one of the informants. Regardless of whether or not you think he deserved to CIRO MANCUSO: The prosecution lost. it's the best in the world. He had the cars and the number of defendants, and all the different counts we had to prove. time this occurred. These laws There were no drugs found in our home. 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. "Gee, what can I do to help my son?" tell. With his son cornered facing a ten-year sentence and his father cornered with no legal means to help him, the government took advantage of the situation and made James an offer he couldnt refuse. was able to make a single sale from it. against, they can't get out of the life without parole.