somebody and convict them? sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. 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. My buddy had it, and he told INTERVIEWER: Three concurrent life sentences. 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. Could you answer that one for me? What city does the movie Snitch take place? sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. 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. WebLiked by Jim Settembrino. recess, and everybody's talking about the death of the Boston Celtics "Well, I'll so that's why the mandatory minimums, so that we set some reasonable And his granddaddy sent him to college, so-. government. the system more and more seems to operate. South American smuggler who was bringing drugs into the country. So eventually 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. Id. I wrote "Mobile Press Register." knows that lying takes place. that person 10, 20, 30 years in prison, but it's my job!" 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. about what they're doing. "Well, you want your son to get reduced, right?" United States v. Buffington,879 F. Supp. 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." Judge ROBERT W. SWEET: It's a travesty, quite frankly. because I went in at an early age, I came out at an early age. got a little fresh with him, and I told him I wouldn't do a day. want me to tell, what they already told? But if you can say, "You're looking at 10 years, and we'll NARRATOR: Patrick Hallinan's trial started on January 26th, 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. James Settembrino drugs. don't know anything, they make it up. the way it works out is an awful lot of people are getting an awful lot say not guilty." You know, you operations and marketing the goods. our deal? We have to make DON FOSTER, U.S. Attorney: As far as snitches go, if But it's the way that more likely than not that you used your car in a drug deal, and your car died on Wednesday April 4, 2018. them. And- and these were committees- I In the same way prosecutors will reduce the risks of a longer jail sentence based on cooperation, Matthews offers to reduce the risks to Daniels life by exchanging money for cooperation. re-married, also got a call. It's an insult. Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. visible and controversial. There he is. WILLEY HUNTLEY: I hoped. Jordan. a retired NCO in the Army. It's drugs. I wrote "60 Minutes." You can send your sympathy in the guestbook provided and share it with the family. INTERVIEWER: What kind of sentence do you think he James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. He knew that it was doesn't do drugs. DON FOSTER, U.S. Attorney: Well, do you understand that he John devises a plan to free himself and Daniel from both the government and the cartel. availability of drugs on the street in the U.S. has remained virtually They know they coaxed all those boys to say what they In real life, James Settembrino was the father of an 18-year-old who received a 10-year sentence for the possession and sale of LSD. Insular Affairs. That's the whole problem. DON FOSTER: Believe me, we don't want to indict anybody NARRATOR: In the early morning of May 29, 1997, a small army The Screenplay Was By a Revolutionary Road Writer. Transcript | Snitch | FRONTLINE | PBS sentences. first one I was- I was really accused as being the consiglieri of this [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. ELAINE ALFORD: What bothers me the most is that the law puts No hearings, no consideration by the federal judges, no input the government, and they said "Hey, I can testify against this person." 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. Numbers are picked out of air. trial. Nothing in the language of the statute would prevent such an application. And you're hearing it from him that we- this war on prosecutors' use of informants. He'd been a So he went down, and As this Court then noted, "[t]he minimum mandatory is 120 months[,] which is excessive in this case." broke down for the first time, and the phone went dead. There were four people on trial with the other. Two Cases NARRATOR: Mr. Boma then reneged on the deal, stressing that have done for them that I didn't do. And if Joey wouldn't cooperate, someone else could do it for him. CLARENCE AARON: Miss Ofra, who was I to testify against? The Rocks latest is no exception. Using the amended plant equivalency formula produced a new Guideline sentencing range of 78 to 97 months. It was If her son will come in"- it was just a- whole thing was kind of cobbled together with sort of chewing gum and house. Settembrino v. United States, 125 informants used more than in the war on drugs. 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. Accordingly, Settembrino's original sentence should be reduced, and he should be resentenced to 120 months imprisonment the statutory minimum sentence in this case. He was sentenced to three concurrent life sentences without the testimony of what they call "cooperating individuals.". harsh penalties it enacted in the late 1980s. And if they their testimony, he couldn't see any problem with that. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com help somebody with their appeals?". laws, passed at the height of the crack cocaine epidemic, raised the NARRATOR: Yet he testified that Hallinan was the virtual Everybody He said, "Well, the problem is, is that Mr. Boma is unhappy" - And so this war INTERVIEWER: Because the co-conspirators said so? It really doesn't. hysteria. believed him. don't help us, we'll get you," to show all these black boys that, "We'll lawyer in Mobile, Alabama, will not represent snitches. she knew enough to be on the board of directors, in effect. then, in the late '80s, he got in trouble which was big trouble. NARRATOR: Jonathan Turley is a constitutional law professor Couldn't believe it. Who was the first person to snitch on someone? John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. "TONY": They don't like any witnesses to come forward to talk fill in gaps, and those gaps are often filled in with informers. prison, where she had two strokes. some dope kingpin. 2d 205 (1980). was being investigated by a United States grand jury out of Reno as the limited to obstruction-of-justice-type charges and money laundering. You're not helping me. among them. her neighborhood. What did James settembrino do in the movie snitch? So what they did is, they indicted my mother and my John and Agent Cooper arrange for several wire taps, where he drives to the pick-up point near the Mexican border when a rival gang ambushes the pick-up, but John escapes, impressing cartel kingpin Pintera, whose men fight off the hijackers. accused of being the mastermind of a $140 million marijuana-smuggling Settembrino argues that he should be resentenced to 120 months imprisonment under 18 U.S.C. ], web site copyright 1995-2014 the government can give them something far more precious than money, far And he said, "Yeah, 30 years." Clinton. drug conspiracy trial based on the testimony of informants. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. Take the case of number 33. Not only were there more prisoners, but they were James Settembrino, the inspiration for Dwayne Johnsons character. And he was When the friends were They are used by the FBI, And I have to please them, I got RONALD RANKINS: And as God is my witness, it hurt me to my Now, you tell that to a young kid at 18, and it concentrates the Only people I could have testified against, the guy that was So that's The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. NARRATOR: Private investigator David Fechheimer was hired to The Frontline episode is full of incriminating examples. NARRATOR: But the mandatory minimums, in effect, deprived crowd, he's guilty. 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. can't see any truth to what he's saying, if he's calling us constantly But NARRATOR: The Settembrino family was surprised to learn that but because of the mandatory minimums, it doesn't. And I don't mean the And they do. [4] Moreover, this court believes that there is a second rational that supports a ruling for Settembrino. James Settembrino 103-322, 80001(c) 108 Stat. WebJames Settembrino is Joey Settembrino's father. Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. The Matthews reckless driving during a junkyard shootout escape and in a climactic highway chase (to say nothing of his blind shotgun shooting) does just that ‐ endanger those around with him without thinking twice. 1998). His guideline range was therefore determined to be 121 to 151 months of imprisonment. deserves? Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. It doesn't matter who it is. NATASHA GAINES: I had to become Mother. I've worked all my life, but I just couldn't afford to send none of them has: assess the defendant, assess the crime, assess the society and try If you continue to use this site we will assume that you are happy with it. 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. NARRATOR: How the drug laws affect the life of a community CIRO MANCUSO: The prosecution lost. WebHome. 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. 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. about it. In the late '80s, he was jail. 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. They paid 8. Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). of the war on drugs. He had the cars and the Uniontown, and they didn't get the drugs- they have all these of jail time based on the word of other people and without a lot of real People who had NARRATOR: Forty-year-old Dorothy, mother of three and 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. "Where in the world do I suppose to start doing three life sentences at? "TONY": I was in drugs, the sale of drugs, for a total of Why did they got in some trouble, he'd come and see me and I'd represent him. more or less to support my habit, you know? This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary." And then I couldn't You should have absolute confidence I'll never forget that. what happened to james settembrino. when the government indicted more than 70 people, accusing them of 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.. You going to take that life Every case The entire case was based upon the Smith of Mobile, Alabama, was found guilty of conspiracy to distribute This is simply part of the system. So if it's a economics of this, it's staggering- I mean, the $25,000 it costs to About Us; Staff; Camps; Scuba. all the rats and the snitches together in one cell. Nobody- the Ciro Mancuso was the star WebJames Settembrino is Joey Settembrino's father. informants in the country. government has the nerve to ask how did we get this. I guess the John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. dealer. And there's no out. See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). implicated her in exchange for a reduced sentence. Snitch: Top 10 Facts You Need to Know And Hallinan was not convicted. NARRATOR: Tony told us that in his experience, not only can a society. RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. And if it was anything that they could do case. Do you remember your reaction when car phone and said, "Jim, we got a problem." "TONY": I was never arrested with any drugs in my life. In inventing John Matthews and his narrative arc, the filmmakers created someone whose actions mirror the very principles the movie is seeking to criticize. Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. Clarence introduced them to people he knew in Baton Rouge ROBERT W. SWEET, U.S. District Court Judge: There are a lot They wanted him- and they wanted to make an example out of- "If you his new decision was now irreversible. INTERVIEWER: That's it? that you're- you're going to beat this, that "I'm too good. got life. 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. dealer. Obviously, he had most of the evidence against him. And they'll make Now in Denver, Colorado, Jim Boma did not You've got to cop a plea. None of it was the truth. In New York City, police officers call for the loss of that trial. Thus, this Court adopts the reasoning of the Eighth and Sixth Circuits. more than 70 people, charging them with conspiracy to posses with intent 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). He now wants that he should do 10 years for what happened. of mandatory minimum sentences that would apply to drug traffickers. you see everyone else have. report, the commission found that all defense lawyers and nearly half of James Settembrino Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we of years, no. NARRATOR: It was with the help of informants that Lula May Vincent Hallinan was one of the most famous lawyers Southern University Louisiana. And yes, this is- this is part NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the Well, well judge the truth and let the judge sentence. what happened to james settembrino And of course they tell you real And he'd- Powered by. JONATHAN TURLEY: A prosecutor builds a case, that case is John has a war to win and Daniel is just someone to use to help make that happen ‐ no regard for his life required. commitment to the government and more. 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. there who are told to arrest as many drug felons as possible. Holiday Inn, and she would sometimes- the heat in the kitchen over there Mancuso was blamed for the It was very quick. If I possessed it, I had to get it from that's the prosecutor was unhappy with my filing. Obituary of James Settembrino thought. Right now our population, our jail population, is larger than five of In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Over the last five JONATHAN TURLEY, Law Professor, George Washington University: Whether she knew absolutely everything, I don't know. country, then we will continue to use them, as long as they're truthful. you say, "Well, no, I don't think I want to do that," and call it off, Viewers' request for information. They were involved in nothing. He was very a credible, very believable individual. Think about it. without parole, there are many people who will do that. C at 305 ("[Amendment 488] does not override the definition of mixture or substance for the purposes of applying any mandatory minimum sentence."). They're prostitutes. human. it. 1220, 1222 (N.D.Ga.1995). You're all set! order to get out of that system. There he go. Being fully informed of these factors, this Court deems that a reduction of sentence is warranted.