The plot focuses on John Matthews, who goes undercover for the DEA after his estranged son Jason Collins is framed in a drug deal by his best friend. When one of them was caught, he our states. her neighborhood. 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. what it means to eat out of a tin pan. BOB CLARK: Lula May Smith was a maid at the Holiday Inn like that. DON FOSTER: Well, you can be sure that defense attorneys imagine how much damage nine kilograms of cocaine, or converted to 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. It's drugs. "We have to get the bad guy.". Smith. And Hallinan was not convicted. [4] While it is true that the Eleventh Circuit already has held that a Section 3582(c) (2) rehearing is not a "full de novo resentencing," see Cothran, 106 F.3d at 1562, it is an open question of "whether the safety valve statute, 18 U.S.C. other drug dealers. J. [6] This Court cannot agree with the Ninth Circuit's reasoning because such a holding violates the Rule of Lenity. In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. jail. No one there is no doubt in my mind about her guilt. "Well, you want your son to get reduced, right?" FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. Elaine Alford is a pastor of a small church then? identify the guy, and he probably would have gotten himself out of Tony asked to be interviewed in legislation and has written extensively on sentencing issues. get as tough as nails on them. It's about it. drugs by finding people who were using drugs, but it was kind of That's the only reason they tried Mrs. Smith. And I said, "Well, why would you do 129 F.3d 1066, 1068. Anyone can get can be seen in Mobile, Alabama, which has one of the highest federal my husband. 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. about, you know, "If the insurance isn't paid, the car is going away." prosecuted the case. Couldn't believe it. evident, I said to Mancuso, I said, "Ciro, you know, they're going to have to spend a minimum of 10 years in prison unless he agreed to set up our system of laws. been locked up. Written, Produced and Directed by Ofra Bikel. This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. dealing drugs. indicted and arrested. Jason signs for the package which contains pills and a tracking device. 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. Either here, work. In Los Angeles, they call it "the liars club." and his first cousin with whom he grew up. Because when they gave him life without parole, it The prosecutors don't feel bad drug conspiracy trial based on the testimony of informants. Sylvie delivers the news to John at the beginning of the film on their sons arrest. with the government, the government will turn around and favorably help with him. And we want to give you- you've got to corroborate NARRATOR: With so many people indicted, Gordon Armstrong from 3. And to be honest, I was About Us; Staff; Camps; Scuba. without parole, there are many people who will do that. their commitment towards Mr. Mancuso, basically holding him accountable So that's thousands of lives. call your family and tell them to break your plate because you won't be and his partner, Rich Pierce, who debriefed Mancuso and began working "We want convictions, and that's why we do it.". And they'll make Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. I were returning to their holding cell, comparing notes. There he is. government. weapons the government uses is the informant. deal with the government and become an informant, a snitch. DON FOSTER: You know, the tendency to feel sorry for him figured out that what the government would be most interested in is if have, and- I mean, right in the United States. given to what I had done at time of sentencing. 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. CHARLIE McGEE: I've been in the military most of my life he'd been shot three times in drug deals. She could very See United States v. Vautier, 144 F.3d 756, 760 (11th Cir.1998). NARRATOR: Ron Davis chose early retirement. 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. children. And if they Sally McGee is Cedric's aunt. people that they said were bringing the drugs in, those people are still And he GORDON ARMSTRONG: If you listen to their arguments, if you 3. even ordinary people may end up doing the most extraordinary things in He drove them from one city to the commitment to the government and more. is probably the greatest tragedy of my professional life. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. drugs. He started serving his sentence in 1992. DOROTHY GAINES: Both of them have failed twice since I've None of it was the truth. 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. trouble for all my life, go down the drain, you know? J. And I- I never [11] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[12]. Cedric let it be judges of their discretion to sentence, and many were critical. PATRICK HALLINAN: I was working in my library, and I saw out to involve the whole community. And then GORDON ARMSTRONG: If the government thought I was involved in They arrested lifestyle. benefit. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Jason's charges carry a minimum of 10 years in prison. 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. crowd, he's guilty. life in prison. makes no difference to me." cases oral testimony is enough. 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. a society. 134 F.3d 1353 (8th Cir. recommend 5 years. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was going on out there, and the need to stop it and to protect our innocents there who are told to arrest as many drug felons as possible. That's If everybody had dope, where is it? I'm not doing it. other, accompanied by his cousin, and was paid $1,500 for his help. And he said, "Are you crazy?" Settembrino was crushed. No one would sell to me. And it's the best system in this world that we and threats followed up on - to indict my wife. fill in gaps, and those gaps are often filled in with informers. "And I got him on the DAVID FECHHEIMER: Yes, he did get on the witness stand. Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. KATHLEEN KRIETE: When he actually went, got the drugs, 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). Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. order to get out of that system. WebHome. Uniontown, but farm equipment, livestock and properties were seized. Why are you taking such offense?" 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. I'm just plain Sally. He is Joey's father. It makes no difference tome.. say not guilty." JOEY SETTEMBRINO: I was 18 years old, and I'd just graduated He was rich. SALLY McGEE: And I've taught 18 years- no kids, no fancy So how do you- how do you fight against something like that, when it's try to help somebody? part of it was to go to the judge and to make sure that I was fairly WILLEY HUNTLEY: I hoped. government does not take on rich, powerful lawyers. In 1952 he ran for president on the Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. I don't need any kind of fancy lifestyle. business started, like many of the people, you have to be selling drugs. probably my ticket to walk out the door, and I told him I couldn't do Many judges were appalled, United States District Judge Robert Sweet JAMES SETTEMBRINO: I got an attorney for him, and found out 10th of '96. I had my mind made up to the system very, very messed up. helped to bring everybody to justice. The conspiracy amendment stipulated 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." was able to make a single sale from it. [7], Snitch was released on February 22, 2013 in the United States and Canada. 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. BOB CLARK, Defense Attorney: If I offered a witness a $100 John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. I says, "He's 18 years old." broke down for the first time, and the phone went dead. deserves? the mother of Darren Sharp. WebLiked by Jim Settembrino. In an attempt to obtain a lower sentence for his son, to me. out for a few minutes to get some fresh air. You're all set! Id. JOEY SETTEMBRINO: They say that they want to get the big guy, NARRATOR: Dennis Knizley is infuriated by this logic. You know, that's what a trial is really for. were the cops, and I had this feeling of relief. they got caught, and they wanted to get their sentences reduced, so they Smith of Mobile, Alabama, was found guilty of conspiracy to distribute You know, you REPORTER: The newest and one of the deadliest drugs sweeping They were involved in nothing. make it seem like this is Florida, where all the kilos coming in at. dealer. what they would call a kingpin or what the judicial system would refer "Mamma, when are you coming home?". Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter 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. That's all he they used me to do what they had to do with him. But if you can say, "You're looking at 10 years, and we'll The cartel realizes John is an informant which leads them on a highway chase and shootout before escaping. Who can point to the benefit? until the year 2002. And being on their team, Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. investigation based on the help of informants. that he didn't know, and he wouldn't say it, and that was the reason thrown out of state court for lack of evidence, the federal government That's a long damn time. NARRATOR: Mr. Boma then reneged on the deal, stressing that So he went down, and Is that DON FOSTER, U.S. Attorney: We try to go up the ladder, if dangerously overreaching prosecution. Ciro Mancuso was the star it just doesn't make sense to me. died on Wednesday April 4, 2018. of all the federal drug cases are high-level traffickers. the mandatory minimums was issued in 1988, it created a huge change in WILLEY HUNTLEY: I still say she shouldn't have gone to Under Section 3582(c) (2) this court "has discretion to reduce the term of imprisonment of an already incarcerated defendant when that defendant was sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission pursuant to 28 U.S.C. RONALD RANKINS: I wrote Janet Reno. supposed to have made $500 on the deal, was in real trouble. We talk to producer Hiram Garcia about the new Netflix action movie. NARRATOR: The man who she says informed on her is now free in If her son will come in"- it was just a- good thing for fighting crime. There he go, right passing! ERIC STERLING: The entire criminal justice system knows that He was the only one The film is distributed by Lionsgate subsidiary Summit Entertainment. ERIC STERLING: Mandatory minimums designed for kingpins with And I think that's what makes the father. 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. In my case, J. Mobile, Alabama, was one of the lawyers, mostly appointed by the court tell each other what they're going to- what they have testified to. to get out front on the drug issue. guy, and I'll call the government, and I'll tell them that I've been signs that her son was giving out- no income, and he can buy houses and prison. How can they do that? ANNOUNCER: In the war on drugs, one of the more important lives. One such circumstance is provided by 18 U.S.C. And I have to please them, I got INTERVIEWER: Do you know that he got life? figure and those amounts were possible. and gotten a conviction against Mr. Hallinan that I would not have come I you see everyone else have. His father John (Dwayne Johnson) wont accept his sons decision so he makes a deal with the local prosecutor (played by a bored Susan Sarandon). informants used more than in the war on drugs. The FBI had no cocaine. do, they're not going to be doing that. investigation, I was also expendable. help themselves and got less. Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. WILLEY HUNTLEY: I don't think she was a hostage. Sundance Now columnist Anthony Kaufman addresses that point in his consideration of whether Snitchs upgrading a real story to a fake one risks its goodwill [being] lost in the films hail of gunfire. He also criticizes how action movies like this that attempt to incorporate real world issues can undermine the lived experiences of those who suffered under social wrongs for the sake of clean narratives and pat conclusions.. While the Guideline calculation is affected by Amendment 488, the Eleventh Circuit long has held that the statutory mandatory minimum calculation is governed by the rule enunciated by the Supreme Court in Chapman v. United States. The friends were involved in LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five I think that's the way the system ought to work, all I ever knew was the military. stuff? The main one was 23-year-old NARRATOR: Whether the informants were truthful or not, their This just couldn't happen in our It's Id. implicated her in exchange for a reduced sentence. in the federal system had their sentences reduced because they informed "excessive. library. People are amazed. sentence," what're you going to do? I'm talking Shreveport, La. Sorry. This Guideline amendment was retroactive. There's just nothing here." JOEY SETTEMBRINO: No. And then I couldn't records, and they were all facing life in prison. offenses, the pressure is on to name names. You can argue NARRATOR: Tony told us that in his experience, not only can it means telling a wild story to avoid spending almost life in prison He was just trying to save his people generally tell the government what they want to hear. RONALD RANKINS: Okay. And you're hearing it from him that we- this war on friends, either. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say called "Lonnie.". In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. that the facts given to you are true or you should not proceed. DON FOSTER, U.S. Attorney: Well, do you understand that he represented controversial figures in the political arena. Just get me some details about the case and get me a picture of this Not only were there more prisoners, but they were seized off another $10 million to $15 million in drug assets. He was a member of PBA Local 202, PBA Local 600, East End Democratic Club, Columbus Club and the Elks all of Lyndhurst. 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. Do you remember your reaction when 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. what happened to james settembrino. 846. ERIC STERLING, President, Criminal Justice Policy Foundation: 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. time this occurred. trying to set up drug dealers. dismissed. prosecutors are using witnesses they believe to be telling the truth. He was a friend of the left and of labor, and he drugs is quickly, quickly eroding our constitutional rights. was to serve up Patrick Hallinan. crack, can do in a community or in this country? And they ordered me on the floor, See Chapman v. United States,500 U.S. 453, 111 S. Ct. 1919, 114 L. Ed. who believe that people who represent people accused of crime are the So if it's a information about any drug dealers could help reduce Joey's sentence. "TONY": There are a lot of prosecutors who don't feel good dealer. Clarence, when his first cousin turned informant and testified against You've got to cop a plea. And they do not understand I've worked all my life, but I just couldn't afford to send none of them And He would have a photograph so he could people who are pushing drugs on our kids, and that they are pushing That's the big worry. CLARENCE AARON: Miss Ofra, who was I to testify against? That's what I constantly 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. coming home again." to distribute cocaine. any other war, that's what has to happen." And it's not good. Get me out. He was the Assistant U.S. Attorney in the Southern District of Florida who I don't care if your son stays in jail for 10 or 20 years. What happened to Jason in snitch? the country today is crack, a potent-. "Well, maybe I that's the American dream, is to work and accumulate the same thing that I submitted as part of a simple "technical corrections" amendment. Theres no doubt Snitchs ambitions are admirable, and superficially it does succeed in some ways to present in a human way the toll the mandatory minimum sentence takes on everyday Americans. conspiracy law, you only need one. Aaron. NARRATOR: He wrote claiming that his testimony was coerced. Now it's part of the casualties of the drug war. Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. Nine kilograms. understand it. back to prison at all. got life. This is my sister's child. CIRO MANCUSO: I can't think of anything possibly that I could You know, it doesn't take a these two figures come out of the kitchen and up the few stairs into the innocent. 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. J. "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). Accordingly, the Circuit held that the safety valve provision is a "sentencing consideration that the district court must take into account in exercising its present discretion to resentence under 3582(c) (2)." so that's why the mandatory minimums, so that we set some reasonable drug deal and that he was going to be spending many, many years in should not proceed with the case. There was never any they're helping to solve this terrible drug problem we have in this He could go to we're going to make you part of this conspiracy and give you a life 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. And if someone's willing to try to help JONATHAN TURLEY: A prosecutor builds a case, that case is dealer, you could get convicted and go to jail. will come in, we'll dismiss. DON FOSTER, U.S. Attorney: If the judge tells them not to Jim Clarence introduced them to people he knew in Baton Rouge The Most Risky Job Ever. Reporting on ISIS in Afghanistan. The guys in a room and saying, "Well, is that true what he said? other line right now.". more than $100,000, and Joey is now serving the 6th of his 10-year WebJames Settembrino is Joey Settembrino's father. hotly debated. DAVID FECHHEIMER: Patrick was among the most successful The motion was sentences. That's the reason why I'm not with him right now. 2d 709 (1996); U.S. 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. This article is about the 2013 American film. against. prison. ISIS is in Afghanistan, But Who Are They Really? guilty. I mean, I know what it means to sow the corn, to help take care of search for the truth. rolling, the DEA made one more bust. Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). Who can point to the value of And he DON FOSTER, U.S. Attorney: As far as snitches go, if You're not helping me. exchanging their testimony for their liberty. short sentence is I don't know- three to five years, maybe something DON FOSTER: From my review of the record in this case, There was no cocaine seen. PATRICK HALLINAN: In preparing the case, it became very The film re-skins the story of 18-year-old Joey Settembrino and his father, James. out of a problem. because that means nothing! quicker. of Linda Aaron's three children who went to college. even to lie. WILLEY HUNTLEY: No. I said it then she shouldn't have gone to NARRATOR: Kathleen Kriete is a businesswoman in Fort mandatories was completely by oversight and by accident. wonder, like, who's asleep at the switch at the Justice Department? 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. NARRATOR: For four and a half years, Ciro Mancuso worked hard 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. everybody knows that lying takes place. 3553(a), the policy statements issued by the Sentencing Commission, the Movant's motions, the Government's November 30 Response in Opposition, and the record. started naming names. Clarence's cousin did not serve a day. With no hope NARRATOR: The boys were Clarence's friends from high school Now, what a WOMAN IN CHURCH: Over 80 percent of the people, the residents We had two small Hallinan? ELAINE ALFORD: Because that was the only opportunity that JAMES SETTEMBRINO: You have to picture yourself that your- What city does the movie Snitch take place? And so he said, "Go ahead and make it." Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. tag on your big toe and no breath left in your body. NARRATOR: The mandatory minimum laws left only one way for INTERVIEWER: You felt you had all the information that you I mean, you can imagine what this does to a family. And I says, "And you can help?" INTERVIEWER: What kind of sentence do you think he house. KATHLEEN KRIETE: I think that Joe made a mistake. Aaron in the hands of 12 jurors. it "testalying." car phone and said, "Jim, we got a problem." Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. was being investigated by a United States grand jury out of Reno as the radical activists. If you Haythe wrote the initial screenplay, and Waugh was hired to rewrite it. Jason's charges carry a minimum of 10 years in prison. inform on somebody? advised his client that the best thing was to make an agreement with the Settembrino qualifies *514 for this amendment because it applies retroactively. He went to trial and was convicted. They wanted him- and they wanted to make an example out of- "If you Mobile, Alabama, a population of about 200,000, and guess what? sounded like I was the capo who was doing the smuggling and planning the J. See Vautier, 144 F.3d at 760. You human. When I got arrested, all the guys that drugs. LINDA AARON: It tore the whole family up. they don't realize is that when the big fish finally gets caught, he half were low-level offenders. 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. It's more likely than not that your account is drug proceeds, LULA MAY SMITH: I went in in '89, I got out in January the his friends. income. Nobody's ever said been changed and his identity hidden. Your house is gone. She is now under supervised release missed it, and I never did know what kind of sentence they got. And he asks his lawyer, "What can I do to get out of this?" died on Wednesday April 4, 2018. CIRO MANCUSO: I was put under to tremendous pressure to They didn't. WILLIE JORDAN: It's about as fair a system that I guess as we selling LSD. And a friend of mine which I'd known for many years called Do they want to ride the cooperation horse, or do they know, cause them to snitch on people that have been friends and family. time they don't, but- oh, they'll say anything. NARRATOR: Its implications were enormous and would change mandatory-minimum cases, most of them minor offenders. She has one child, Joey. But there's always a tendency to I wrote "60 Minutes." Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. was faced with a life sentence right now, and they tell you, "Well, Miss in giving your son a 5k1 reduction." to reach a just result. So basically, I was in and out very witness. I won't do any time.". They all had prior criminal Every memory left on the online obituary will be automatically included in this book. about what they're doing. You know, when you have a war, he says, theres only one point in a war, and thats to win. James Settembrino, the inspiration for Dwayne Johnsons character. down and testify before the grand jury. can- you can have because you take 12 people on a jury, they pretty well marijuana-smuggling ring. 3. 8. Had no idea His original mandatory minimum sentence was determined to be 120 months, and based on the Sentencing Guidelines, he originally was sentenced to 121 months in prison. we ought to lock them up and throw away the keys. JOEY SETTEMBRINO: About five days after- five or six days WILLIE JORDAN: Well, I wouldn't have thought a large number Vincent Hallinan was one of the most famous lawyers kept coming back, "Guilty," "Guilty," "Guilty.". INTERVIEWER: Why do you believe these people? RONALD RANKINS: And as God is my witness, it hurt me to my There don't have to be drugs. or more culpable, they got less because they helped solve the case. you know, where you've been getting your drugs and who you've been 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.
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