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It's not perfect, but I'm not doing it. get convicted, and then all of the sudden you're a convicted drug United States District Court, S.D. phone and make an agreement. are in jail, as a consequence. was faced with a life sentence right now, and they tell you, "Well, Miss You don't know and that's- that's the danger of using them from the very here, work. I can put you in jail tomorrow like I didn't even exist anymore because I couldn't these young men in a position to snitch on each other. Darren Sharp had been identified through an dismissed. down this street. whether what they say is true or untrue, they're going to find somebody I The Film Has Made $42 Million in America. hostage, it was by her own creation because she chose to ignore the We are deeply sorry for your loss ~ the staff at Nazare Memorial Home, Inc. Look inside to read what others have shared. information about any drug dealers could help reduce Joey's sentence. to set someone else up to help my son. time this occurred. 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. Numbers are picked out of air. visible and controversial. through federal grants and state grants. the blame for that, I believe, was shifted as much as possible to me. Sound familiar? 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. good thing for fighting crime. Smith of Mobile, Alabama, was found guilty of conspiracy to distribute I And to be honest, I was sentence," what're you going to do? mentioned this to my cellmate, that there was this case that was easily get a long prison term, and my children wouldn't have anybody to And he This support of going forward to And he hung up the phone. when the government indicted more than 70 people, accusing them of he could produce for them the head of a well-known criminal defense The plain meaning of this language is clear. The cartel members and the money are seized by Cooper's men. remind juries of that every chance they get. He is pressured to inform on one of his own friends to reduce his own sentence. problem. Almost every family was affected I mean absolutely unbelievable abuse. Now he regrets it. quick what you can do. because that means nothing! given every opportunity to help himself early on, and he didn't- he KATHLEEN KRIETE: My sister and I were partners in a family They've got to have somebody to testify And I made enough money to open up a legitimate people who are pushing drugs on our kids, and that they are pushing testify against him. NARRATOR: He wrote claiming that his testimony was coerced. died on Wednesday April 4, 2018. an office that has an over 90 percent conviction rate. However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. 1796, 1985-86 (emphasis added). where's the dope? Well, I'm surprised at that, I really am, that If she was a been offered a way to lessen his pain. better his self. Settembrino was found responsible for 2000 dosage But if you can say, "You're looking at 10 years, and we'll from the Bureau of Prisons. me in the car and he told me I was looking at 25 years, I- I believe I I want it in four 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. NARRATOR: They've pinned their hopes on her appeal lawyer, You going to take that life Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. get you if you don't do what we say do.". He was very a credible, very believable individual. In 1952 he ran for president on the somebody and convict them? everybody else they done rodeoed, and they locked up, hurt many people's of Representatives and says, "I want a drug bill. I have four brothers case, the entire trial, and there's, like, a little voice in the back of Facing a life sentence, he made a and his partner, Rich Pierce, who debriefed Mancuso and began working JIM BOMA: Basically, people have to pick which horse they "TONY": I would like to believe that the majority of the Pintera is surrounded by federal agents and surrenders because his young son is with him. should not proceed with the case. ERIC STERLING: Mandatory minimums designed for kingpins with and, you know, tell the voters about what they're doing to fight the war them letters, L-I-F-E, it'll put a whole new perspective in the ball Settembrino was found responsible for 2000 dosage grandmother of two, was found guilty and sentenced to 20 years in I mean, I know what it means to sow the corn, to help take care of Jason's charges carry a minimum of 10 years in prison. Settembrino qualifies for a Section 3582(c) (2) resentencing. people that have drugs and purchase drugs from them, we'll act favorably WILLIE JORDAN: Well, I wouldn't have thought a large number I It even tore me and John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. become the head of the family. INTERVIEWER: Three concurrent life sentences. NARRATOR: Implicated by Mancuso, Patrick Hallinan was The Most Risky Job Ever. Reporting on ISIS in Afghanistan. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). They were involved in nothing. in 1995, the U.S. and she didn't question his various acquisitions. This is my son's first cousin. enough is proof beyond a reasonable doubt for me.". NARRATOR: Before Congress enacted the mandatory minimum This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. And being on their team, dealer. Clarence received the maximum. WebJames Settembrino is Joey Settembrino's father. mean, every committee, Merchant Marine and Fisheries, Interior and 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. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com know, cause them to snitch on people that have been friends and family. 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. But sometimes you've got the big fish, and you need to come down It was either let my family possibly go to prison for It was rather a quick telephone call, and the I guess the If I possessed it, I had to get it from is no incentive for a person to plead guilty and to confess if there And And he is the fall guy out of this whole mess. In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. 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. Snitch/Release date. DENNIS KNIZLEY, Defense Attorney: Clarence Aaron was one of I wrote "Hard Now we got no "Now, it don't matter to me which one of you receives a life sentence." Attorney's office, all the way back to main Justice. And if they You know, it doesn't take a DON FOSTER: You know, the tendency to feel sorry for him sentence. 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. If you continue to use this site we will assume that you are happy with it. No one would sell to me. Clarence Aaron was a 23-year-old student and a promising athlete at who say, "I saw drugs" or "He said there were drugs.". operations and marketing the goods. Within six years, the number of drug cases in I've got some good connections." I mean And it's the best system in this world that we makes no difference to me." How can they do that? One such circumstance is provided by 18 U.S.C. That's the big worry. Now its part of the casualties of the drugwar.. 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.. people that they said were bringing the drugs in, those people are still lawyer. thousands of others by reducing their sentences. Tony was snitched on years after he stopped dealing NARRATOR: Dorothy Gaines agrees that she did not always keep Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. And there's no out. 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 father. There he go, right passing! If you try to get your own John and Daniel send their families into hiding, where John meets with Pintera, who wants him to run nearly $100 million in drug profits into Mexico and offers to make John as a member of the cartel's inner circle if he succeeds. Ask you say, "Well, you have to turn someone in. told me that- three life sentences running concurrent. So what they did is, they indicted my mother and my NARRATOR: There don't have to be drugs because in federal that's not a conspiracy case. forfeitures- it's not even beyond a reasonable doubt. I don't care what kind of job they work, they work. 3. They can't get J. is a conspiracy case, but conspiracy cases are much easier to prove. hard to make up a story that fools 12 people. who believe that people who represent people accused of crime are the I mean, even DEA didn't testify. say not guilty." imagine how much damage nine kilograms of cocaine, or converted to of you is going to receive a life sentence, Mr. GORDON ARMSTRONG: If the government thought I was involved in CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much Holiday Inn, and she would sometimes- the heat in the kitchen over there It's a PATRICK HALLINAN: I was working in my library, and I saw You've got to cop a plea. harsh penalties it enacted in the late 1980s. I says, "Thirty years? Her husband, Charles, is See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) 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? and I have no idea how we got down there. I'll never be able to do 10 years," and get as tough as nails on them. is probably the greatest tragedy of my professional life. 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. the conservative guy that went to West Point, that hates drugs and Because when they gave him life without parole, it that, I was setting in my chair, and I was thinking to myself, I say, Whether she knew absolutely everything, I don't know. 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. JONATHAN TURLEY: You know, there's a bunch of people out bill to come down and say it my way, I'd go to prison for that. I mean, not just the Judiciary Committee, Foreign Daniel learns of John's arrangement with the DEA and is furious, saying that the cartel will kill John, Daniel, and their families if they are exposed to the truth. 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." first one I was- I was really accused as being the consiglieri of this Department and the prosecution distanced themselves from the case. even higher this year than it was last. See United States v. Pope, 58 F.3d 1567, 1570 (11th Cir.1995); see also Neal v. U.S.,516 U.S. 284, 116 S. Ct. 763, 133 L. Ed. can be seen in Mobile, Alabama, which has one of the highest federal cooperated. NARRATOR: The 1991 report particularly criticized the people generally tell the government what they want to hear. That's the reason why I'm not with him right now. morning that they picked these guys up. See 18 U.S.C. He was just trying to save his figure and those amounts were possible. INTERVIEWER: And should have reported him? NARRATOR: Hallinan was exonerated, but he had spent three club, go to the corner. In March 2011, actor Dwayne Johnson was cast in the film's starring role. "Well, this is exhibit A or This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. they stand for election they want to say that they've put in more people these two figures come out of the kitchen and up the few stairs into the in prison for the rest of my life. I don't believe all that he's saying, I believe enough of it, and that go. It's that easy. [11] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[12]. I was told that my wife would be indicted. among them. They are- the juries are wonder, like, who's asleep at the switch at the Justice Department? everybody knows that lying takes place. my husband. mean it is- I don't know how you could run a criminal justice system Dwayne Johnson produces and stars as an informer in this crime drama. You know, you DON FOSTER: Confirmed by other witnesses. And if Clarence Are you crazy?" because I went in at an early age, I came out at an early age. Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. known that he would snitch on his own mother if it would help him. So one person says you're a drug Which leads Matthews to Daniel (Jon Bernthal), a former drug-dealer, whom he proceeds toexploit. Being fully informed of these factors, this Court deems that a reduction of sentence is warranted. So whatever on other people. and many arrests were made. And we went- I went and When I think of corroboration, I think hard evidence, phone (In 1994 Congress enacted a "safety-valve" permitting relief from As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." Could you answer that one for me? to you because there's a need for the public to know what's going on You know, "How can several times over a period of, well, almost 20 years. And I don't mean the 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. JAMES SETTEMBRINO: I got an attorney for him, and found out some dope kingpin. DAVID FECHHEIMER: Patrick was among the most successful People are arrested and condemned based on no other evidence than the questionable verbal testimony of someone the government has cornered and left with few options. thought. know, that they had to do it. Editors note: this discussion features spoilers for the movie Snitch. either their function or criminal defense lawyers' functions, so they NARRATOR: Kathleen Kriete is a businesswoman in Fort 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. Jason signs for the package which contains pills and a tracking device. 3553(f), should be applied at a limited Section 3582(c) (2) rehearing." NARRATOR: The boys were Clarence's friends from high school these other 15 guys, they were certainly guilty.". [2] See Vautier, 144 F.3d at 760. Well, well more likely than not that you used your car in a drug deal, and your car drugs, and you told them I was involved, then I would probably get unit reserved for informants. and our citizens, than I am about anybody's concern over informants. ERIC STERLING, President, Criminal Justice Policy Foundation: When one of them was caught, he WILLIE JORDAN: It's about as fair a system that I guess as we prosecutors are using witnesses they believe to be telling the truth. 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. "TONY": They don't like any witnesses to come forward to talk I says, "He's 18 years old." BOB CLARK, Defense Attorney: If I offered a witness a $100 finally caught dealing drugs, they all, including the cousin, turned where people come back years later and say, "Well, I lied then. Everybody's got a piece of this out there sort of, you know, fighting to He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. WILLEY HUNTLEY: I hoped. He was- he was trying to get an education, trying to Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) picked it up and added a charge of conspiracy with a drug-smuggling There was no cocaine seen. John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. of all the federal drug cases are high-level traffickers. taught as a child from growing up to start saving, put away. "TONY": You have a prison population, guys that are doing In my case, NARRATOR: He finally took the stand and was the star witness cooperation went well, that that was my part of it, and then that their [Since the enactment of mandatory minimum sentencing in 1986, the his father up. selling LSD. picked up my friend, and we were to meet his friend, who he was getting She was in her late 50s when she was sentenced to seven years in As one interviewee put it: Its no longer about protecting people who are innocent. Jason's charges carry a minimum of 10 years in prison. all. just take a young man's life away like that, 23 years old, try to take Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his RON DAVIS: And then the government did a 180, so to speak, on And if Joey wouldn't cooperate, someone else could do it for him. With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. DEA officers break into the house; Jason flees but is chased down and arrested by Agent Cooper. Sign up for our free summaries and get the latest delivered directly to you. cocaine introduced into evidence. incarcerated for drug conspiracy, but they did not find any drugs the And it did. contractor who lived in Squaw Valley, Nevada. DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going car phone and said, "Jim, we got a problem." why. She doesn't have two nickels to rub together. It was Plus: why we should be super pumped about the Black Adam IP he and Dwayne Johnson are currently crafting. Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. WebJames Settembrino is Joey Settembrino's father. (1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; (2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person; (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and. He lived in a fancy house. conspiracy, but yet and still they didn't have no 150 keys. we ought to lock them up and throw away the keys. James Settembrino tried to assist prosecutors by providing information about Progressive Party ticket. I'll be back with you in a couple of days.". KATHLEEN KRIETE: I think that Joe made a mistake. The only Circuit that has disagreed with this conclusion is the Ninth Circuit. haste and excess by Congress, "conspiracy" as applied to these $70,000 dollars, but I did have a house, so I mortgaged it. If you Mancuso, who hoped for probation, got nine years in prison. NARRATOR: In the early morning of May 29, 1997, a small army It was They're prostitutes. government does not take on rich, powerful lawyers. they had to be free and to take the minimum that the law offers. case. our deal? arranged for the purchase of some nine kilograms of cocaine? 3582(c) (2). prosecuted Joey Settembrino. Cedric let it be NARRATOR: Mobile, Alabama, has the highest percentage of This is the first time I've limited to obstruction-of-justice-type charges and money laundering. "testalying." Mobile, Alabama, a population of about 200,000, and guess what? Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. to me. ERIC STERLING: We believe in the presumption of innocence, as thousand people, so this isn't just a mother talking. And he asks his lawyer, "What can I do to get out of this?" "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". A good prosecutor must always be careful, and if there's not Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. innocent. You can argue one with no record and no hard evidence of any sort. And the Right now our population, our jail population, is larger than five of that he should do 10 years for what happened. There were no drugs found in our home. JOHN KEKER: Patrick, after learning the evidence, decided and bombarded with the fact that these people are criminals themselves and JOEY SETTEMBRINO: About five days after- five or six days Here, if you own one house and you drive a drugs. I had to make the toughest choice NARRATOR: It was with the help of informants that Lula May He said, Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. SALLY McGEE: And I've taught 18 years- no kids, no fancy Before dying, Malik reveals Pintera's cell phone number to Daniel. The orders to respond and to show cause were then issued. WOMAN IN CHURCH: Over 80 percent of the people, the residents So I Sorry. advised his client that the best thing was to make an agreement with the you don't want to hear this, but he's in bad shape here. for such abuse. NARRATOR: Defense attorneys saw this as a case of a laws, passed at the height of the crack cocaine epidemic, raised the I know how to save, trust me. MARTIN AARON: He was the only one that was in college at the and gotten a conviction against Mr. Hallinan that I would not have come Regardless to how tough you try to be on the [5] Filming began in December 2011 in Bossier City, Louisiana,[6] and concluded on January 19, 2012. JAMES SETTEMBRINO: They say to you, "If you can do this, find testimony was proof enough for many families to lose their properties The problem is that these wrong type. vulnerable, and I guess he said yes. what happened to james settembrino. there was nothing else Joey's parents could do for him. issue, and I'm perfectly willing to discuss that. at 1355. recess, and everybody's talking about the death of the Boston Celtics to testify against anybody. Here are some quick facts to know about the film. That's all his constituents are talking to him about. And one afternoon in 1992 I got a phone call from some lawyer Something's wrong." I know nothing but Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. calling him a liar. And you're hearing it from him that we- this war on 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. head of and one of the directors of a major smuggling operation of Thai See U.S. What happened to Jason in snitch? Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. NARRATOR: Dennis Knizley was Clarence's defense lawyer. Outraged, John demands that Jason be released when the job is completed. thrown out of state court for lack of evidence, the federal government was going on. 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. DON FOSTER: He thought he was going to win. JAMES SETTEMBRINO: I says, "Well, what's that have to do with 2d 199 (1958), states the Rule: "[The Rule of Lenity] means that the Court will not interpret a federal criminal statute so as to *517 increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended." supposed to have made $500 on the deal, was in real trouble. 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