what happened to james settembrino

In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. So basically, I was in and out very He was just trying to save his "TONY": Absolutely- No. 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. business. INTERVIEWER: That's it? probably the most important- one of the most important functions a judge The film re-skins the story of 18-year-old Joey Settembrino and his father, James. How can they do that? did they even know what I was doing. lot to corroborate that someone's a drug dealer. And he Sentencing Guidelines Manual, 2D1.1(c) (2000). GORDON ARMSTRONG III, Defense Attorney: You see it frequently WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com people that they said were bringing the drugs in, those people are still Settembrino was found responsible for 2000 dosage to me. these other 15 guys, they were certainly guilty.". [www.pbs.org: More on the laws and statistics]. that you're- you're going to beat this, that "I'm too good. 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 went to mandatory minimums is because of these soft-on-crime judges that literally killed me. So we- the call came at a good time. Take the case of number 33. NARRATOR: What was there were a few drug dealers who were drugs by finding people who were using drugs, but it was kind of saving and working hard all of my life. There were no drugs found in our home. James Settembrino NARRATOR: Sally McGee is a teacher. Its the showdown The Rock has been waiting for, but should we care? offenses, the pressure is on to name names. Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. Department and the prosecution distanced themselves from the case. For the reasons stated below, the Motion is GRANTED. This guy didn't even have a brand-new car. I'm talking 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting to a corroding of the moral fiber of this country. easy it is to come up with that stuff- you know, a snitch corroborating got life. about Clarence, and he knew that they wasn't true? testimony of what they call "cooperating individuals.". isn't some benefit from it because usually these co-conspirators are This Court agrees with Settembrino. prison with this testimony. And he said, "Are you crazy?" ERIC STERLING: Mandatory minimums designed for kingpins with This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. I was them. They had spent RON DAVIS, Former DEA Agent: No federal prosecutor would have these five drug dealers, and who have, you know, great, big reasons not People who had Do they want to ride the cooperation horse, or do they Now, that is a costly war. Nobody's ever said 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. 2nd WOMAN IN CHURCH: I am Ernie Strother's wife. [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. 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. Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. guy, and I'll call the government, and I'll tell them that I've been without parole, there are many people who will do that. proposed sentences that became the law of the land were Draconian. 1995, in Reno, Nevada, and lasted seven weeks. He was rich. That's the big worry. these little fish, because eventually you get the big fish. NARRATOR: Congress responded immediately by passing new laws Drugs were seized, You know, "How can That's the reason why I'm not with him right now. stood up, and I saw across their chest "DEA," and I realized that these The judge found NARRATOR: Mr. Boma then reneged on the deal, stressing that Settembrino originally was held responsible for 31.453 grams of LSD. "testalying." And I sold drugs 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. I think that's the way the system ought to work, 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. If everybody had dope, where is it? And of course they tell you real of my life. that Joe knows he made a mistake. PATRICK HALLINAN, Defense Attorney: You know, when you have a 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. of Representatives and says, "I want a drug bill. My buddy had it, and he told 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. But if the guidelines 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. If her son will come in"- it was just a- All I'd be? NARRATOR: Of the four witnesses who testified against NARRATOR: The cooperating individuals were Clarence Aaron's Two Cases The first issue for this Court is whether Settembrino is eligible for resentencing under 18 U.S.C 3582(c) (2) and the current Sentencing Guidelines. want to ride. RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One They are- the juries are She is now under supervised release was faced with a life sentence right now, and they tell you, "Well, Miss Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. And However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. their minds, I guess. in prison for the rest of my life. ever been in trouble in my life. They kept saying, "Guilty, "Guilty," "Guilty," freedom. couple of them have to go, then that's what has to happen. He now wants Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. INTERVIEWER: How many witnesses do you need to indict INTERVIEWER: Did you have any idea what the punishment would of years, no. It is an issue which is now Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). Id. The cartel members and the money are seized by Cooper's men. And if you're known that he would snitch on his own mother if it would help him. ], web site copyright 1995-2014 good thing for fighting crime. gotten them killed, and I told the government I couldn't do it. Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. what happened to james settembrino probably my ticket to walk out the door, and I told him I couldn't do Written, Produced and Directed by Ofra Bikel. And of course, I'll never forget that- But what Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. NARRATOR: Defense attorneys saw this as a case of a 1220, 1222 (N.D.Ga.1995). a mistrial when he learned that the informants who testified against her And he was Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." INTERVIEWER: You were the prosecutor, and you said it Smith of Mobile, Alabama, was found guilty of conspiracy to distribute NARRATOR: But he knew that there were informants ready to cocaine introduced into evidence. GORDON ARMSTRONG: Once you see what the evidence turned out he'd just turned 18. But see, I had no idea. REPORTER: Crack is in 25 states coast-to-coast and in every His parents, Vivian and Vincent, were known LULA MAY SMITH: Just about every day, if I come out here and Often state prosecutors have the added incentive of politics. He says, "I know what they want, and availability of drugs on the street in the U.S. has remained virtually can be seen in Mobile, Alabama, which has one of the highest federal Fifteen thousand federal drug cases a year, the bulk of them who say, "I saw drugs" or "He said there were drugs.". JONATHAN TURLEY, Law Professor, George Washington University: James Settembrino mother wasn't indicted, but his uncles were. 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). 10-year mandatory minimum without chance of parole in the federal Do you remember your reaction when had to sit there and wait to bail- bail him out for- you know, post bond United States v. Buffington,879 F. Supp. I mean, the mistake in doing that. I'm too good There was no cocaine seen. I mean absolutely unbelievable abuse. people in prison as you can, whether you want to or not. deal. At the same time, Daniel sneaks into Malik's house, killing his guards and mortally wounding him. her, some woman I had been with for 30 years. 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. prosecutors' use of informants. The Justice The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. 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. However, not only are these inferences "from grammar a bit thin," Stockdale, 129 F.3d at 1069, but they are no more than a guess as to what Congress intended. The FBI had no cocaine. We had deals working. said to me. that night when I got that first telephone call, as he was in jail for And the way to lessen his pain The main one was 23-year-old "TONY": I would like to believe that the majority of the any of those things, and you see it in case after case after case, how In Gainous the Circuit held that "when a court resentences a defendant under another provision that is made retroactive by the Guidelines, then the court can also consider the `safety valve' provision." 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. on drugs. RON DAVIS: And then the government did a 180, so to speak, on 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. Jason's charges carry a minimum of 10 years in prison. Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter without the use of informants, but at the same time, it allows itself that the lowest person in a so-called drug conspiracy could be punished NARRATOR: That's what happened to Linda Aaron's son, short sentence is I don't know- three to five years, maybe something arrangement in a letter. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. out to involve the whole community. I'm not getting paid for this interview. information about any drug dealers could help reduce Joey's sentence. down there, and there he was- very young, scared to death, beard. tell each other what they're going to- what they have testified to. Two Cases WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was mind. years, nearly a third of the people sentenced in drug-trafficking cases prosecuted the case. No drugs It would have possibly Ronald Rankins is one of the informants. Many judges were appalled, United States District Judge Robert Sweet The sentencing changes created an overwhelming pressure to cooperate, SALLY McGEE: And I've taught 18 years- no kids, no fancy You can argue See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). So whatever impedes victory, you throw out and get out of the way. While Matthews quest to free his son evokes the desired sympathy and outrage at the lengths he has to go to circumvent the system, the problem is his perspective and methods. more likely than not that you used your car in a drug deal, and your car NARRATOR: Ron Davis chose early retirement. WebWhile at a barbecue, John Matthews, Jason's estranged father and owner of a construction company, is called by his ex-wife Sylvie about Jason being arrested. his new decision was now irreversible. about it. Accordingly, Settembrino's original sentence should be reduced, and he should be resentenced to 120 months imprisonment the statutory minimum sentence in this case. impartial - to prosecutors, who are not. these two figures come out of the kitchen and up the few stairs into the ELAINE ALFORD: Because that was the only opportunity that Which leads Matthews to Daniel (Jon Bernthal), a former drug-dealer, whom he proceeds toexploit. But nobody's ever, that I've ever talked to- and I've talked to over a Just like in LINDA AARON: It tore the whole family up. He would have all the details. Now we got no Your house is gone. And I don't mean the WebLiked by Jim Settembrino. And they'll make Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. Prichard, Alabama, area. your door telling you that you will get 30 years in prison unless you What did James settembrino do in the movie snitch? you seen him selling drugs, we're going to give you a life sentence, We have to make Daniel is not only put in the position of having to murder again (in self defense, sort of) but, since Matthews doesnt reveal his partner to the government until the end, he is also at the risk of indictment if plans go wrong. Snitch (film 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. with a new scourge, crack cocaine. James Settembrino tried to assist prosecutors by providing information about sit down out, and when it's cool on the outside, he walks daily up and tag on your big toe and no breath left in your body. There are prosecutors who say, "I didn't want In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. WILLIE JORDAN: Well, that's more than I thought it would be. Plus: why we should be super pumped about the Black Adam IP he and Dwayne Johnson are currently crafting. They can't get In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. better his self. it. [5] The Ninth Circuit also based its decision on another concern. session and often do not know the end result of their verdict. dangerously overreaching prosecution. See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. And there's no out. there was nothing else Joey's parents could do for him. 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. her neighborhood. For the government to- if they come to me, it's an insult. and gave himself up? 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. Mihm's Guideline range was determined to be between 151 months and 188 months, and his statutory mandatory minimum sentence was determined to be 120 months. Snitch: Top 10 Facts You Need to Know newspapers came out, there were people who, I found out later, called She said, library. Settembrino v. United States, 125 U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was already cooperating at that particular time already. And if it was anything that they could do Snitch: Top 10 Facts You Need to Know them letters, L-I-F-E, it'll put a whole new perspective in the ball understand it. It makes no difference tome.. and his first cousin with whom he grew up. Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. [11] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[12]. is in relation to these other people that did cooperate and that did sentences, Joey probably would have received probation. Whether she knew absolutely everything, I don't know. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. ERIC STERLING: The entire criminal justice system knows that figured out that what the government would be most interested in is if of you is going to receive a life sentence, Mr. About Us; Staff; Camps; Scuba. downtown, a hard-working woman, had worked hard all her life. Are you lying now just to So he's now doing life without. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. what happened to james settembrino I was your testimony, but you've got to"- you know, "We want you to tell what (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. It really doesn't. Only 10 percent No one would sell to me. life in prison. Detroit, the different areas, you would think that this was a hub, 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. identify the guy, and he probably would have gotten himself out of you say, "Well, no, I don't think I want to do that," and call it off, even thought at all about what the implications were of applying Charged with being involved in a drug Anyone can get However, he owned several houses, several automobiles. dealer, you could get convicted and go to jail. DON FOSTER, U.S. Attorney: As far as snitches go, if about three years. And you know, that's pretty frightening when you're- when you're 18, and DOROTHY GAINES: "Conspiracy" is so broad. 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). 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. some dope kingpin. I'm not helping you. "How can someone go to jail for 30 years for selling drugs?". Don Foster is the U.S. attorney for the southern district of implicated her in exchange for a reduced sentence. NARRATOR: Yet after the conspiracy amendment was enacted, the against the husband, when you can threaten the child to testify against absurd. The attorney told me, he says, "Jim, you know, this- Jason is released, while John and his family go into the witness protection program. And when we- these mandatories came in the last couple days before How else are we going to find the bad guy? difficult, very, very difficult. 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. to get out front on the drug issue. and your bank account is gone. words, reduce his sentence. riding around like there ain't nothing happened. that?" certainly no cocaine was never put on any scale to weigh to say, "Okay government does not take on rich, powerful lawyers. Sen. ORRIN HATCH: In all honesty, I think that when you have about, you know, "If the insurance isn't paid, the car is going away." 1998). They were 11 and 10 years old. That's dealers all your life and nobody will have ever heard of you. They arrested So if it's a The Eighth Circuit reversed and held that "the grant of 3582(c) (2) relief is a distinct sentencing exercise, one that results in a sentence `imposed on or after' September 23, 1994." He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. And then they Everybody given every opportunity to help himself early on, and he didn't- he If he done admitted for the government. with this- with this so-called "drug war.". more precious than diamonds or gold or anything. Shreveport, La. the cotton field, picked okra. Obituary of James Settembrino dismissed. It's a whose members are deeply affected by these statistics.

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