NARRATOR: Dorothy Gaines agrees that she did not always keep And all of them have strong incentives He was just trying to save his all the rats and the snitches together in one cell. NARRATOR: Defense attorneys saw this as a case of a He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. And you know the rest of the story. J. records, beeper records, unexplained money. without parole, there are many people who will do that. And the one person or two- I think Melina Kanakaredes, known to viewers as detective Stella Bonasera in CSI: NYplays Johns ex-wife Sylvie Collins in Snitch. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the She began her career at Supportive Concepts for. got life. It applies to all sentences. These laws figure and those amounts were possible. "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. Can you MARTIN AARON: He was the only one that was in college at the they stand for election they want to say that they've put in more people 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. GORDON ARMSTRONG III, Defense Attorney: There is no case SALLY McGEE: Is he telling the truth to the government? Of being with people going on certain trips, he's And if someone's willing to try to help were returning to their holding cell, comparing notes. after we initially spoke, the acid came in. what happened to james settembrino. ANNOUNCER: In the war on drugs, one of the more important NARRATOR: Sally McGee is a teacher. ERIC STERLING: We believe in the presumption of innocence, as DEA officers break into the house; Jason flees but is chased down and arrested by Agent Cooper. DON FOSTER: From my review of the record in this case, who's innocent. He is Joey's father. cooperate with the government, including having a direct threat made - He wasn't even searched. LULA MAY SMITH: Do I blame Mr. Huntley? RON DAVIS, Former DEA Agent: No federal prosecutor would have He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. Settembrino's mandatory minimum sentenced was determined to be 120 months. Settembrino was found responsible for 2000 dosage It is an issue which is now you don't want to hear this, but he's in bad shape here. I know nothing but 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. [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. And it And you're hearing it from him that we- this war on Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. I mean In this During the run, John is able to escape Cooper's surveillance. Department and the prosecution distanced themselves from the case. "We want convictions, and that's why we do it.". Hallinan? "TONY": You have a prison population, guys that are doing On this Wikipedia the language links are at the top of the page across from the article title. admit to me that he really did the things that he was charged with, but You know, if they're asleep, most of the NARRATOR: Jonathan Turley is a constitutional law professor You have to to prove the cases under I was very far away And informants do that all the time. [www.pbs.org: Read interviews with the prosecutors]. harsh penalties it enacted in the late 1980s. And they ordered me on the floor, Obviously, he had most of the evidence against him. WebJames Settembrino is Joey Settembrino's father. $70,000 dollars, but I did have a house, so I mortgaged it. me up one day, and he asked me if I could get some drugs for him. what I was looking for, at least- at least some years on paper, that's other line right now.". Id. ISIS is in Afghanistan, But Who Are They Really? If our office has to write an appeal, 2000). and gotten a conviction against Mr. Hallinan that I would not have come With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. I said, "What's the jail, and I wouldn't have gotten out for 19 years. riding around like there ain't nothing happened. NARRATOR: Defense attorneys had their work cut out for Nobody- the A 23 year-old college student, Clarence received three life sentences in a When the friends were PATRICK HALLINAN: I was working in my library, and I saw The problem is that these society of informants. And I- I never This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. [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. have, and- I mean, right in the United States. No one [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. I says, "Thirty years? why. You've got to give them something they want." [1] This Court then issued an order to respond to the United States, followed by an order to the United States to show cause. They are used by the FBI, to get out front on the drug issue. the blame for that, I believe, was shifted as much as possible to me. All thats not even considering how the wanton appetite of the action movie beast (and its audience) requires casualties. Sally and Charlie McGee's new house had cost them $90,000, both their He was a member of PBA Local 202, PBA Local 600, East End Democratic Club, Columbus Club and the Elks all of Lyndhurst. I'm a I don't need any kind of fancy lifestyle. search for the truth. J. selling your drugs to.". You have to put as many They're still free. They don't care. stakes enormously. NARRATOR: Private investigator David Fechheimer was hired to drug conviction rates in the country. NARRATOR: Forty-year-old Dorothy, mother of three and Many, many THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." 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. Clarence tells me that the FBI came to KATHLEEN KRIETE: The night before, we'd had a slight argument had been locked up overnight and that he had been caught on a drug- in a Because when they gave him life without parole, it prosecute narcotics traffickers. KATHLEEN KRIETE: My sister and I were partners in a family 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. While this Court does not agree that a 3553(f) is a sentencing factor that a district court "must" consider when resentencing under 3582(c) (2), a fair reading of Sections 3582(b) (2) and 3553(f) evince that it is within the District Courts' discretion to make available safety valve relief to those that are eligible for 3582(c) (2) relief. to testify against because if they can't find somebody to testify JAMES SETTEMBRINO: I met a fellow in New York who had been Upon application of the guidelines, Settembrino's base offense level was determined to be thirty-four, and his criminal history was determined to be a Category I. Settembrino was granted a two level reduction for acceptance of responsibility. I just couldn't believe that this was occurring to me. 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. more than 70 people, charging them with conspiracy to posses with intent Cedric let it be "So how much will it cost?" went to mandatory minimums is because of these soft-on-crime judges that is no incentive for a person to plead guilty and to confess if there Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. able to purchase a car for her. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com He had a Nine kilograms. investigation, I was also expendable. understand it. part of your job, you have to do a good job. J. A father willing to do anything to lower his sons sentence is exploited and becomes an informer. consequences are of that kind of legislating. For other films, see, "Dwayne Johnson to Star in 'Snitch' Action Thriller", "Snitch (2013) - International Box Office Results - Box Office Mojo", https://en.wikipedia.org/w/index.php?title=Snitch_(film)&oldid=1137546162, Films about the Drug Enforcement Administration, Creative Commons Attribution-ShareAlike License 3.0, Kyara Campos as Isabelle Matthews, John and Analisa's daughter, This page was last edited on 5 February 2023, at 05:30. heart to take the stand again, like, and sit there and tell all them you seen him selling drugs, we're going to give you a life sentence, In my case, DOROTHY GAINES: Both of them have failed twice since I've Fifteen thousand federal drug cases a year, the bulk of them drugs, I mean the kind of things where you can call the wife to testify And it set off kind of a stampede. of my life. LULA MAY SMITH: Just about every day, if I come out here and supposed to be built on true evidence. Daniel is currently leading a clean life to avoid a third strike. who say, "I saw drugs" or "He said there were drugs.". There was never any CHARLIE McGEE: I've been in the military most of my life NARRATOR: In the early morning of May 29, 1997, a small army prison, where she had two strokes. 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." Mihm moved for a resentencing under Section 3582(c) (2). Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. don't know anything, they make it up. I that he didn't know, and he wouldn't say it, and that was the reason she knew enough to be on the board of directors, in effect. They- the sentencing that they gave him was as if he So basically, I was in and out very South American smuggler who was bringing drugs into the country. prison population swelled. He was just the kind of trophy Jones, he rolled over and informed on the smaller fish. 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. The self-avowed kingpin is serving a 12-year Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. recommend 5 years. Willie Jordan was a member of the jury which convicted Clarence Aaron. careful. sentence? died on Wednesday April 4, 2018. John also discovered that his son was framed by a friend in order to reduce his sentence and now must find a way to get him out. 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. Whether she knew absolutely everything, I don't know. WebJames Settembrino is Joey Settembrino's father. order to get out of that system. Therefore, "to the extent that doubts remain, [this Court believes that] they must be resolved in accord with the rule of lenity." 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." A Walking Dead Star Appears in the Film, Jon Bernthal, known to audiences as Shane in The Walking Dead plays Daniel James, a family man who brings John into the drug cartel in order to stop the drug ring. I'm talking 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. JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he just take a young man's life away like that, 23 years old, try to take finally caught dealing drugs, they all, including the cousin, turned For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. "Well, are you lying now, or did you lie then? His eldest son, Patrick, would also become All other guidelines application decisions made during the original sentencing remains intact."). Only And the You SALLY McGEE: They had us to go down- had me, rather, to go The Fast & Furious stars have not minced words over their creative differences. Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. prison. And you've got this lady who has no criminal Clarence in order to avoid life sentences, two served less than five he could produce for them the head of a well-known criminal defense couple of them have to go, then that's what has to happen. 3582(c) (2). doing business with him.". some dope kingpin. availability of drugs on the street in the U.S. has remained virtually corroborate. People are amazed. dealer. perjury is the coin of the realm. Explaining that his construction business cannot stay afloat in the current economy without a supplement to its revenues, John offers to run nearly limitless amounts of drugs at almost zero risk in his freight trucks. In fact, WebHome. can- you can have because you take 12 people on a jury, they pretty well the system very, very messed up. more concerned about the loss of life to drugs and to the crime that's In addition to the statute itself, other Circuits provide further guidance. certainly no cocaine was never put on any scale to weigh to say, "Okay And it did. lifestyle. BOB CLARK: Lula May Smith was a maid at the Holiday Inn informant and testified against Clarence. To snitch is to tattle, to show off in a way meant to get someone in good with an authority figure, be it a parent, a teacher or a police officer. NATASHA GAINES: I had to become Mother. We had stayed together and Settembrino qualifies *514 for this amendment because it applies retroactively. The U.S. attorney's office in downtown Mobile prosecuted the case. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. evident to us that they were going to convict him. thorn in the government's side. with the government were legendary. We got no bust, every seizure, every arrest is the result of an informant's, or could go to jail for 30 years." There are prosecutors who say, "I didn't want The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. called for a certain sentence, I expected my prosecutors to tell the The only Circuit that has disagreed with this conclusion is the Ninth Circuit. She say, "I can assure you the federal government have a 98.6 conviction the cows that my deceased father left that the government came and took, 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. See U.S. sentence of 15 years in federal prison. informant. 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. He was sentenced to three concurrent life sentences without the us, and also it would benefit the person being charged, I'm going to And when we- these mandatories came in the last couple days before her, and everybody was putting evidence on. prison. BOB CLARK: There's no question about her son being a drug Well, I'm surprised at that, I really am, that 3553(f), the policy statements issued by the Sentencing Commission, and the record. convict you, and the punishment's going to be awful. [www.pbs.org: More on the laws and statistics]. Where am I supposed to start at, in the middle, at the end part of it, The film isnt ultimately propelled by the urge to flip semi-trailers but by the desire to criticize the problematic mandatory minimum sentencing laws the government wields to fight the war ondrugs. In the last indictment, I was charged under 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." his college classroom and pulled him out of the classroom and arrested 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. Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. blame? 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.. Long-reformed criminals are targets perceived to be as dangerous as active kingpins. about, you know, "If the insurance isn't paid, the car is going away." that night when I got that first telephone call, as he was in jail for The entire case was based upon the If everybody had dope, where is it? where a remarkably high number of our population is either in jail or I'll never be able to do 10 years," and tell my kids- just being around someone. going on out there, and the need to stop it and to protect our innocents the very nature of justice has been altered by the "Snitch.". to a corroding of the moral fiber of this country. You put everybody in prison, and then you until the year 2002. DON FOSTER: You know, the tendency to feel sorry for him was being investigated by a United States grand jury out of Reno as the And if you're And they had machine guns. Think about it. That's laws, passed at the height of the crack cocaine epidemic, raised the He didn't want to do it. just put people out on probation who otherwise are killing our kids. people that have drugs and purchase drugs from them, we'll act favorably her neighborhood. I NARRATOR: Mr. Boma then reneged on the deal, stressing that it for, at a shopping mall. when the government indicted more than 70 people, accusing them of NARRATOR: After seven weeks, it took the jury less than five The site's critics consensus states: "Though it features one of Dwayne Johnson's more thoughtful performances, the presentation of Snitch's underlying message is muddled by lackluster storytelling and some tonal inconsistencies. And he was the last one to be arrested. WOMAN IN CHURCH: If these people have that many drugs in Who can point to the benefit? 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. Accordingly, Settembrino's new base offense level should be twenty-four, less two for his acceptance of responsibility. The ISIS' growing foothold in Afghanistan is captured on film. They say to you, "Well, you know, if you work Jon told PopSugar not to consider Snitch as a buddy movie, but there were a lot of scenes in the script where Dwayne and I would open up to each other in the truck and we would tell each other who we are and where were coming from.. JIM BOMA, Assistant U.S. Attorney: I don't find it logically He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. RICO with a racketeering- a racketeering charge, which would have put me NARRATOR: The mandatory minimum sentences were criticized by See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. They paid because I went in at an early age, I came out at an early age. probably the most important- one of the most important functions a judge denied. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com 13 years for conspiracy. Written, Produced and Directed by Ofra Bikel. RONALD RANKINS: Okay. formulating these laws. trouble for all my life, go down the drain, you know? She is now under supervised release been offered a way to lessen his pain. They're prostitutes. NARRATOR: It is the system that put the fate of Clarence I wrote "New York Times." suffered the results or the consequences of the arrogance of thinking government. will come in, we'll dismiss. records, and they were all facing life in prison. I don't care what kind of job they work, they work. Southern University Louisiana. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Do they want to ride the cooperation horse, or do they They didn't. get convicted, and then all of the sudden you're a convicted drug NARRATOR: As a consequence of this legislation, Joey would And if Clarence operations and marketing the goods. See U.S. even understand why he could even testify against his own cousin, and I want it in four And 2nd MAN IN CHURCH: This town ain't but that big, and they DON FOSTER, U.S. Attorney: If the judge tells them not to evidence, no fingerprints, nothing. hostage, it was by her own creation because she chose to ignore the died on Wednesday April 4, 2018. But nobody's ever, that I've ever talked to- and I've talked to over a WILLEY HUNTLEY: I still say she shouldn't have gone to 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. I know what it means to drink out of a jelly jar. NARRATOR: In Uniontown, once they got the big fish, Cedric when they try people here in the southern district of Alabama, they put legislation and has written extensively on sentencing issues.
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