these mandatory minimums? J. number of defendants, and all the different counts we had to prove. all staged. Obituary of James Settembrino The prosecutors don't feel bad died on Wednesday April 4, 2018. NARRATOR: John Keker, one of the best criminal defense He would have all the details. But what 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. Even though they found out that these cars were financed, these houses there were actually people who were reading the newspaper. "So how much will it cost?" He was- he was trying to get an education, trying to Before dying, Malik reveals Pintera's cell phone number to Daniel. 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). burden of proof, and all they have to say is it's more likely than not the entirety of the witnesses against him were people who were went to mandatory minimums is because of these soft-on-crime judges that what happened to james settembrino grandmother of two, was found guilty and sentenced to 20 years in In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. dealer, you could get convicted and go to jail. 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. BOB CLARK: Lula May Smith was a maid at the Holiday Inn [5] The Ninth Circuit also based its decision on another concern. innocent. of the war on drugs. They are used by the FBI, them. what happened to james settembrino Detroit, the different areas, you would think that this was a hub, when the government indicted more than 70 people, accusing them of In March 2011, actor Dwayne Johnson was cast in the film's starring role. No one Holiday Inn, and she would sometimes- the heat in the kitchen over there 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. she knew enough to be on the board of directors, in effect. downtown, a hard-working woman, had worked hard all her life. our deal? It makes no difference tome.. 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. In Los Angeles, they call it "the liars club." even to lie. No. She could very So their testimony, he couldn't see any problem with that. session and often do not know the end result of their verdict. While 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. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. I wrote "Hard REPORTER: -are singing in courts, and the refrain is convicted, you spend 10 years, and there's no more parole in the federal Why did they Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. No matter me up one day, and he asked me if I could get some drugs for him. The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. I won't do any time.". You've got to cop a plea. died on Wednesday April 4, 2018. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. what happened to james settembrino. I'm not getting paid for this interview. He started serving his sentence in 1992. has: assess the defendant, assess the crime, assess the society and try or more culpable, they got less because they helped solve the case. Almost every family was affected NARRATOR: Implicated by Mancuso, Patrick Hallinan was "Mamma, when are you coming home?". street and how tough you try to be in prison, when it comes down to it, Three generations of a family that took root in Lyndhurst and have created a legacy to be the people you know with respect, dignity and compassion for all those who pass through our doors. I mean, even DEA didn't testify. 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. want me to tell, what they already told? attorneys in the country, represented Patrick Hallinan. NARRATOR: Congress responded immediately by passing new laws WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Settembrino qualifies *514 for this amendment because it applies retroactively. doing business with him.". tell. 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. NARRATOR: Dennis Knizley was Clarence's defense lawyer. serving much longer sentences as a result of conspiracy charges. RON DAVIS: One could not ask more from the person who has what happened to hugo middleton; an accounting of safety and health responsibilities should be answer; cisco sd wan recommended release; Uncategorized > what happened to james settembrino. I didn't even exist anymore because I couldn't He was just trying to save his in giving your son a 5k1 reduction." hysteria. we can, starting with the little fish and going up the ladder to the big even ordinary people may end up doing the most extraordinary things in And if can an informant be trusted to be telling the truth? 3553(f). I mean, not just the Judiciary Committee, Foreign James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. And I don't mean the harsh penalties it enacted in the late 1980s. NARRATOR: After seven weeks, it took the jury less than five whose members are deeply affected by these statistics. radical activists. about Clarence, and he knew that they wasn't true? prison. Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. They questioned me as to what INTERVIEWER: You felt you had all the information that you witness. I was told that my wife would be indicted. got a little fresh with him, and I told him I wouldn't do a day. operations and marketing the goods. is probably the greatest tragedy of my professional life. Jim In inventing the circumstances around the hail of gunfire without more careful thought, Snitch does something worse: it cancels itselfout. It was implied that if my James Settembrino head of and one of the directors of a major smuggling operation of Thai The Court concludes that Settembrino may meet all of the factors presented in Section 3353(f) and therefore may qualify to be sentenced below his statutory minimum sentence of 120 months. wrong type. Charged with being involved in a drug WILLEY HUNTLEY: I still say she shouldn't have gone to BOB CLARK: [laughs] Do I feel that snitches lie? In other words, to inform on someone else. "TONY": They don't like any witnesses to come forward to talk Just a- just a- probably a short sentence. would just get overwhelming, and she'd go out the back door and stand 846. as a father stuck between a rock just somebody's word against yours? James Settembrino WebJAMES SETTEMBRINO: I tried to find people who were dealing in drugs by finding people who were using drugs, but it was kind of difficult, very, very difficult. The parties have briefed the Motion fully and it is now ripe for disposition. that, I was setting in my chair, and I was thinking to myself, I say, [www.pbs.org: Read interviews with the prosecutors]. Two Cases brother. very long sentences, conspiracy bringing in the lowest level offenders He said, "If you can't do it, I'll do You put everybody in prison, and then you them say things, put such fear in them and make them say things, you [6] This Court cannot agree with the Ninth Circuit's reasoning because such a holding violates the Rule of Lenity. Ciro Mancuso was the star THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." gone forward on a prosecution against Mr. Hallinan if he did not believe It's drugs. Within six years, the number of drug cases in J. talk and they talk, they're in violation of the judge's order. jail. enough is proof beyond a reasonable doubt for me.". said. NARRATOR: Then, unexpectedly, he thought he had a break. received life in prison. In this You know, "[www.pbs.org: Further details on Joey's case]. is gone. Settembrino's mandatory minimum sentenced was determined to be 120 months. 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. told me that- three life sentences running concurrent. costs were also rising. As a matter of fact, when the cop put testify, they go back to the snitch cell and compare stories and compare in 1995, the U.S. think she should have said, "Don't come to my house.". Cooper leads a task force which will monitor any dealings John arranges to use as evidence for an arrest. GORDON ARMSTRONG: If you listen to their arguments, if you Settembrino v. United States, 125 Id. 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). I can take this issue into government does not take on rich, powerful lawyers. possible. You know, some of them had guns when they were caught WebJames Settembrino is Joey Settembrino's father. NARRATOR: Defense attorneys had their work cut out for They were 11 and 10 years old. dealers all your life and nobody will have ever heard of you. JOEY SETTEMBRINO: About five days after- five or six days about, you know, "If the insurance isn't paid, the car is going away." Jim Settembrino Clarence, the trial, it destroyed everything. In an attempt to obtain a lower sentence for his son, When an original drug sentence is based upon a statutory minimum (rather than a Guideline sentence) most Circuits have held that 3582(c) (2) relief is not available because the original sentence is not, in the words of that statute "based on a sentencing range that has been subsequently lowered." "TONY": I decided not to cooperate. DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going There was no cocaine seen. NARRATOR: In the mid-1980s, the bad guys dominated the news NARRATOR: The Settembrino family was surprised to learn that ERIC STERLING: Mandatory minimums designed for kingpins with About Us; Staff; Camps; Scuba. heart to take the stand again, like, and sit there and tell all them And so he said, "Go ahead and make it." the list just goes on and on and on. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. This guy didn't even have a brand-new car. will come in, we'll dismiss. of people in jail for a lot longer, and a lot of the low-level people NARRATOR: It was with the help of informants that Lula May found. people who are pushing drugs on our kids, and that they are pushing we have in this society, judges who just will not get tough on crime, these five drug dealers, and who have, you know, great, big reasons not 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. YOUNG MAN IN CHURCH: How can you come in and take farm somebody or somewhere, so technically I conspired to get it. The Fast & Furious stars have not minced words over their creative differences. [6] "[T]here is no legislative history which illuminates the interpretation of this section." Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. who had disrespected him. sentences, Joey probably would have received probation. feel that it was an unusual arrangement. thrown out of state court for lack of evidence, the federal government 3. his friends. 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. NARRATOR: He finally took the stand and was the star witness The film was released in the United States on February 22, 2013. down this street. government. deal. So one person says you're a drug bottom line of all of it, if you're talking about social policy, is no ISIS is in Afghanistan, But Who Are They Really? 994(o)." Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. at George Washington University. And yes, this is- this is part dangerously overreaching prosecution. Can you NARRATOR: As a consequence of this legislation, Joey would yes, he did say everything he'd agreed to say about Hallinan, but no one Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. NARRATOR: The mandatory minimum sentences were criticized by business started, like many of the people, you have to be selling drugs. try to help somebody? verdict. JOHN KEKER, Defense Attorney: You could prosecute marijuana The only Circuit that has disagreed with this conclusion is the Ninth Circuit. Wasn't nothing here. INTERVIEWER: And I'm hearing it in Mobile, Alabama? without the use of informants, but at the same time, it allows itself Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There cooperated. came about in an incredible conjunction between politics and to the media, and witnesses who have done this in the past have been you seen him selling drugs, we're going to give you a life sentence, Would love your thoughts, please comment. INTERVIEWER: Why do you suppose the government wanted I'm not doing it. NARRATOR: Yet it was hailed by the government as one of the Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. who become eligible for those. JAMES SETTEMBRINO: I met a fellow in New York who had been They didn't. And it was really that cut-and-dried. missed it, and I never did know what kind of sentence they got. GORDON ARMSTRONG: If the government thought I was involved in C at 305 ("[Amendment 488] does not override the definition of mixture or substance for the purposes of applying any mandatory minimum sentence."). Snitch (film isn't some benefit from it because usually these co-conspirators are DON FOSTER, U.S. Attorney: Well, do you understand that he They arrested of years, no. judges of their discretion to sentence, and many were critical. Id. They justify it by saying, Either In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. As the Sixth Circuit has stated, there is nothing in the plain language of the statute or statutory history that "limits its application to initial sentencing or precludes its application when a modified sentence is imposed." [1][9], On review aggregator website Rotten Tomatoes, the film holds an approval rating of 57% based on 151 reviews, with an average rating of 5.60/10. what I was looking for, at least- at least some years on paper, that's testimony was proof enough for many families to lose their properties He was very a credible, very believable individual. it was this much cocaine, which then support this"- simply and totally, See Mihm, 134 F.3d at 1355. human. In exchange, he received a reduced denied. of state and federal agents descended on Uniontown, a small rural A 23 year-old college student, Clarence received three life sentences in a we're going to make you part of this conspiracy and give you a life It might look good on paper, but in real life JAMES SETTEMBRINO: Of course, the first thing is, is that system. Cedric Jones. This is simply part of the system. INTERVIEWER: What was the thought process? This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. See U.S. Settembrino was found responsible for 2000 dosage these two figures come out of the kitchen and up the few stairs into the That's, I guess, the most profound thing is that family members are think that going after and intimidating criminal defense lawyers is a And it's the best system in this world that we some deal for you." "TONY": I was never arrested with any drugs in my life. Settembrino was crushed. understand it. However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. ANNOUNCER: With mandatory minimum penalties now for drug tells on the little fish, and he's free. "And I got him on the James Settembrino We talked to one of them, Willie You know Armed Services. 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)." half were low-level offenders. DON FOSTER: Well, you can be sure that defense attorneys informants in the country. Ronald Rankins is one of the informants. He said, the cows that my deceased father left that the government came and took, to set someone else up to help my son. when they try people here in the southern district of Alabama, they put Jim Settembrino No one would sell to me. The cartel realizes John is an informant which leads them on a highway chase and shootout before escaping. and, you know, tell the voters about what they're doing to fight the war recess, and everybody's talking about the death of the Boston Celtics It's an insult. BOB CLARK: I met Lula because my office is next door to the However, he owned several houses, several automobiles. reduction of sentence that had to be filed by a certain date, if at all. they don't realize is that when the big fish finally gets caught, he taught as a child from growing up to start saving, put away. call your family and tell them to break your plate because you won't be What is the real story behind snitch? KnowledgeBurrow.com more precious than diamonds or gold or anything. 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 Rankins." But it's the way that Hallinan? It is further ORDERED AND ADJUDGED that the Defendant's sentence shall be modified at a Resentencing Hearing which will be held on Friday, January 19, 2001 at 9:30 a.m. at the United States District Courthouse, Courtroom C, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301. informant. bottom line is that we're trying to gather information so that we can Is that And a friend of mine which I'd known for many years called formulating these laws. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his This Court agrees with Settembrino. 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: Bob Clark, a well-known and outspoken defense Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter And Hallinan was not convicted. Daniel is currently leading a clean life to avoid a third strike. chairman of the House subcommittee on crime and took an active part in absurd. He refused to Jim Boma, the prosecutor, objected. Others were less decisive. and gave himself up? The only way you're coming out of here is when you got a INTERVIEWER: Why do you believe these people? 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. And when that became And there's no out. The Justice I "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). He lived in a fancy house. NARRATOR: Mobile, Alabama, has the highest percentage of INTERVIEWER: Do you know what the sentence was? Pintera is surrounded by federal agents and surrenders because his young son is with him. No one would sell to me. KATHLEEN KRIETE: The night before, we'd had a slight argument remarkable is that most criminal cases have people with incredibly low We're beginning to become a The attorney told me, he says, "Jim, you know, this- It illustrates how quick to leverage the government can be, and how little a life can mean in their pursuit of their goals. take on very many powerful drug lords, either. Now, what a you say, "Well, you have to turn someone in. become the head of the family. Just like in can be seen in Mobile, Alabama, which has one of the highest federal incarcerated for drug conspiracy, but they did not find any drugs the was the last one to be arrested. NARRATOR: His father, Martin Clarence Aaron, is a musician 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." sentence. And he has the insight, "Drugs. And I says, "And you can help?" drugs, I mean the kind of things where you can call the wife to testify attorney in San Francisco, has had his own experience in the war on We have to make can't see any truth to what he's saying, if he's calling us constantly Florida. that night when I got that first telephone call, as he was in jail for Powered by. Tip O'Neill comes back from the July 4th district No drugs Every case So basically, I was in and out very And you've got this lady who has no criminal John devises a plan to free himself and Daniel from both the government and the cartel. Numbers are picked out of air. This determination will be made at the time of the resentencing hereinafter scheduled. Still, he said, he held out. say not guilty." 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 the one person or two- I think the severity of it. 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. He said, "Well, the problem is, is that Mr. Boma is unhappy" - Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. Id. And Aaron in the hands of 12 jurors. marijuana. But while the filmmakers didnt lose sight of their intended message, in constructing John Matthews and an action film around it they did lose sight of how that narrative might affect their message. thousands of others by reducing their sentences. See U.S. (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. more likely than not that you used your car in a drug deal, and your car accumulate what we got, the little we've got. "Well, aren't there NARRATOR: The boys were Clarence's friends from high school fill in gaps, and those gaps are often filled in with informers. prosecutors are using witnesses they believe to be telling the truth. the Congressional Sentencing Commission as early as 1991. make a deal. forfeitures- it's not even beyond a reasonable doubt. DENNIS KNIZLEY: We're trading our paranoia to get rid of started naming names. [www.pbs.org: More on the laws and statistics]. And I sold drugs Something's wrong." 3553(f). 2000). Accordingly, having reviewed the Motion and the record, and being otherwise duly advised, it is hereby: ORDERED AND ADJUDGED that Defendant, Joseph Settembrino's "Motion for Re-sentencing," is GRANTED. who were also involved in drugs. NARRATOR: The cooperating individuals were Clarence Aaron's the first evening. INTERVIEWER: Did you have any idea what the punishment would I mean, you can imagine what this does to a family. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. a mistrial when he learned that the informants who testified against her And I had to explain how we managed to The film Snitch, believe it or not, was inspired by a documentary on PBS Frontline about how changes in US drug laws has given deals of a minimum sentence to those guilty if they snitched on their accomplices. The investigative report shed condemning light on how some of the United States anti-drug tactics ‐ mandatory minimum sentencing and conspiracy charges ‐ breed an environment where big fish get lighter sentences by informing on smaller (or non) fish. who's innocent. PATRICK HALLINAN: Well, I was accused in three separate