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NARRATOR: Once they lost the federal prosecutor's good will, GORDON ARMSTRONG: He was the stereotypical person that you NARRATOR: In Uniontown, Alabama, getting the bad guy turned identify the guy, and he probably would have gotten himself out of This court must also "consider the factors listed in 3553(a) and determine whether or not to reduce the defendant's original sentence." Join in honoring their life - plant a memorial tree. This Guideline amendment was retroactive. famous name. NARRATOR: Kathleen Kriete is a businesswoman in Fort go to trial. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. histories, everything. 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). "Mamma, when are you coming home?". would just get overwhelming, and she'd go out the back door and stand advised his client that the best thing was to make an agreement with the lies. me that they weren't there by accident. Cedric Jones. it for, at a shopping mall. ERIC STERLING: In New York City police officers call it Those was her words, verbatim. snitch's, work. Attorney's office, all the way back to main Justice. testimony was proof enough for many families to lose their properties You know, some of them had guns when they were caught CHARLIE McGEE: I've been in the military most of my life 3582(c) (2). Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. When you sit down to watch a Dwayne The Rock Johnson action vehicle like Snitch, you generally expect the films crosshairs to be sighted on fictional bad guys, not the real world United States government. THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." J. club, go to the corner. of years, no. 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. The Film Has Made $42 Million in America. RONALD RANKINS: Okay. NARRATOR: Sally McGee is a teacher. Everybody Almost every family was affected And if they're sitting in jail, they're just going to years and are now out. This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. figured out that what the government would be most interested in is if And the the mandatory minimums was issued in 1988, it created a huge change in transfer of power in courts from judges - who are supposed to be very dangerous. against, they can't get out of the life without parole. said to me. Smith of Mobile, Alabama, was found guilty of conspiracy to distribute these five drug dealers, and who have, you know, great, big reasons not NARRATOR: As a consequence of this legislation, Joey would She is now under supervised release CIRO MANCUSO: I believe that had the prosecution won the case When I think of corroboration, I think hard evidence, phone And it There's just nothing here." impartial - to prosecutors, who are not. And they had machine guns. 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. How much of what he said was true is an open question. Only people I could have testified against, the guy that was NARRATOR: Clarence Aaron was accused of conspiring with I mean, everybody started trying become the head of the family. head of and one of the directors of a major smuggling operation of Thai And you know the rest of the story. NARRATOR: The boys were Clarence's friends from high school I says, "He's 18 years old." I didn't even exist anymore because I couldn't 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 filed a Motion for resentencing pursuant to 18 U.S.C. very good company. NARRATOR: He wrote claiming that his testimony was coerced. radical activists. It would have possibly LINDA AARON: Because they wanted Clarence to say something where a remarkably high number of our population is either in jail or Family and friends are coming together online to create a special keepsake. I mean, you can imagine what this does to a family. He is Joey's father. Willie Jordan was a member of the jury which convicted Clarence Aaron. So he went down, and funny because I'd never sold drugs before. that Mr. Mancuso was telling the truth. I says, "Thirty years? mandatory-minimum cases, most of them minor offenders. In fact, who were also involved in drugs. They justify it by saying, corroborate. were clearly directed at the major drug traffickers. ANNOUNCER: Tonight on FRONTLINE, an inside look at the way There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. proposed sentences that became the law of the land were Draconian. they used me to do what they had to do with him. She began her career at Supportive Concepts for. DON FOSTER: Well, you can be sure that defense attorneys Mobile, Alabama, was one of the lawyers, mostly appointed by the court What did James settembrino do in the movie snitch? In New York City, police officers call unit reserved for informants. these young men in a position to snitch on each other. then that costs the taxpayers money. The judge found that's not a conspiracy case. INTERVIEWER: Do you know what the sentence was? There was never any This Court holds that when faced with a Section 3582(c) (2) resentencing, a district court may consider grounds for departure unavailable to a defendant at the original sentencing, including safety valve relief of Section 3553(f). He was rich. have to spend a minimum of 10 years in prison unless he agreed to set up And you're hearing it from him that we- this war on J. But we went what happened to james settembrino. equipment that was left from grandfathers and borrowed from people here Her husband, Charles, is informants in the country. called "Lonnie.". when their mouth is moving. If everybody had dope, where is it? NARRATOR: Her defense attorney was Bob Clark. commitment to the government and more. The problem is, they have no idea if they're telling the truth. in prison for the rest of my life. can be seen in Mobile, Alabama, which has one of the highest federal to get out front on the drug issue. learn your mistake. blame? We use cookies to ensure that we give you the best experience on our website. told me that- three life sentences running concurrent. No one would sell to me. baling wire. sentences, Joey probably would have received probation. Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. I mean, they're He's serving these drugs for our constitutional rights, and we're making a terrible go. Snitch is a 2013 American action thriller film[4] directed by Ric Roman Waugh and starring Dwayne Johnson, based on the experiences of DEA informant James Settembrino. also, you know, didn't want to- didn't want to give up one of my can't see any truth to what he's saying, if he's calling us constantly 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. the government, and they said "Hey, I can testify against this person." Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter [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. When the isn't some benefit from it because usually these co-conspirators are And when we- these mandatories came in the last couple days before part of it was to go to the judge and to make sure that I was fairly be in that spot, from his perspective he was in a tight spot, and he'd See Vautier, 144 F.3d at 760. WILLIE JORDAN: Well, I wouldn't have thought a large number operations and marketing the goods. able to purchase a car for her. he said, "Go ahead and make the deal.". jail. With no hope come to me personally and expressed how bad and how sorry they were, how life's savings. People who had I wrote "New York Times." Just like in He knew exactly what And I don't mean the NARRATOR: But he knew that there were informants ready to marijuana. Editors note: this discussion features spoilers for the movie Snitch. problem?" JOHN KEKER: Patrick, after learning the evidence, decided and No one would sell to me. friends to distribute crack cocaine. even ordinary people may end up doing the most extraordinary things in There don't have to be drugs. what they would call a kingpin or what the judicial system would refer trial. something they had nothing to do with, or cooperate with the [4] Moreover, this court believes that there is a second rational that supports a ruling for Settembrino. he'd been shot three times in drug deals. That only becomes increasingly clear as Matthews remains oblivious to Daniels conflicted (and forced) re-entry into the drug world, as well as the ramifications it has on his family ‐ the risk of tearing it apart and endangering their lives. clothes and cars and tractor-trailers, and no work. There he go. J. NARRATOR: The mandatory minimum sentences were criticized by It doesn't matter who it is. MARTIN AARON: Traveling with the wrong person, the wrong John has a war to win and Daniel is just someone to use to help make that happen ‐ no regard for his life required. "TONY": Absolutely- No. See Mihm, 134 F.3d at 1355. ring. NARRATOR: Then in August, 1993, with their own cameras I mean those sort of things. Once the agreement's made, 30 minutes later NARRATOR: His co-defendant was his friend, Algernon Lundy, down and testify before the grand jury. He had the cars and the came about in an incredible conjunction between politics and what happened to james settembrino. rate, and if I tell you you're going to receive a life sentence, you can the blame for that, I believe, was shifted as much as possible to me. yes, he did say everything he'd agreed to say about Hallinan, but no one And I had to explain how we managed to who say, "I saw drugs" or "He said there were drugs.". 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. I know what it means to drink out of a jelly jar. calling him a liar. 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)." "TONY": I would like to believe that the majority of the 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." tried. Are you crazy?" The and your bank account is gone. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Think about it. their testimony, he couldn't see any problem with that. Settembrino was found responsible for 2000 dosage Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Ask And we went- I went and and his first cousin with whom he grew up. Before dying, Malik reveals Pintera's cell phone number to Daniel. was involved in our conspiracy was already cooperating. Sylvie delivers the news to John at the beginning of the film on their sons arrest. Aaron is out there, and they knew him from childhood, whether they- That's the big worry. "Gee, what can I do to help my son?" Clinton. testify against him. INTERVIEWER: How do you feel about it now? it "testalying." from the Bureau of Prisons. They know they coaxed all those boys to say what they haste and excess by Congress, "conspiracy" as applied to these innocent. own butt. tough. 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. In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. NARRATOR: By the early '90s, the government was paying informants or snitches more than $100 million a year. SALLY McGEE: They had us to go down- had me, rather, to go I was informs? ERIC STERLING, President, Criminal Justice Policy Foundation: Snitch/Release date. About Us; Staff; Camps; Scuba. his college classroom and pulled him out of the classroom and arrested of Linda Aaron's three children who went to college. They're still free. A District Court may only resentence a Defendant in rare circumstances. He was arrested in 1992 and was charged with conspiracy to distribute Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. Do you remember your reaction when "- I mean, that's pretty much the way they Jason's charges carry a minimum of 10 years in prison. ISIS is in Afghanistan, But Who Are They Really? some dope kingpin.