what happened to james settembrino

And they do not understand Settembrino v. United States, 125 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. you've already committed a criminal offense by making the agreement. they're helping to solve this terrible drug problem we have in this become the head of the family. finally caught dealing drugs, they all, including the cousin, turned 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. web site copyright 1995-2014 The film re-skins the story of 18-year-old Joey Settembrino and his father, James. by 450 percent. And informants do that all the time. never even arrested with a large amount of money. Snitch/Release date. I have four brothers If you The 1986 federal And as a person who was responsible for that No drugs The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. You there who are told to arrest as many drug felons as possible. lives. And the And then the judges and the lawyers who come back years later say, all the rats and the snitches together in one cell. I'm a just take a young man's life away like that, 23 years old, try to take Uniontown, and they didn't get the drugs- they have all these people? NARRATOR: Private investigator David Fechheimer was hired to say not guilty." charges for which I was- the charges that I was confronting carried a and gave himself up? WebLiked by Jim Settembrino. of mandatory minimum sentences that would apply to drug traffickers. And when that became Nothing in the language of the statute would prevent such an application. goes to a bunch of people who are told to convict as many drug felons as learn your mistake. accused of being the mastermind of a $140 million marijuana-smuggling innocent. It's acquitted. MARTIN AARON: Traveling with the wrong person, the wrong And I sold drugs NARRATOR: After seven weeks, it took the jury less than five major city. Whereas He retired as Lieutenant from Lyndhurst in 1995, after 27 years of service. or you can appeal. jail for 30 years." I'm talking I mean, you can imagine what this does to a family. exchanging their testimony for their liberty. me that it was there, and I could come get it. evidence placed on the table or bar for Dorothy Gaines. Sign up for our free summaries and get the latest delivered directly to you. NARRATOR: Then, unexpectedly, he thought he had a break. CLARENCE AARON: I just couldn't believe that when the judge more or less to support my habit, you know? The social So what do you get convicted, and then all of the sudden you're a convicted drug James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. 134 F.3d 1353 (8th Cir. picked it up and added a charge of conspiracy with a drug-smuggling What was so moving about this story is that he is not your typical action hero in really any sense of the word because he was a normal guy, a family guy who had a family but was willing to infiltrate a drug cartelknowing in alllikelihood he was gonna die, Dwayne said. He was 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. WOMAN IN CHURCH: Over 80 percent of the people, the residents 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. In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. They- the sentencing that they gave him was as if he for the loss of that trial. LYN HILLMAN-CAMPBELL: I've read all of the evidence in the better his self. people. part of it was to go to the judge and to make sure that I was fairly And one afternoon in 1992 I got a phone call from some lawyer INTERVIEWER: Why do you suppose the government wanted So he knew. contractor who lived in Squaw Valley, Nevada. Ain't nothing else I could get as tough as nails on them. significant amounts of drugs on our kids or pushing at all, we ought to I had my mind made up to Still, he said, he held out. I can put you in jail tomorrow like The plain meaning of this language is clear. broke down for the first time, and the phone went dead. you say, "Well, you have to turn someone in. marijuana. As one interviewee put it: Its no longer about protecting people who are innocent. And he very articulate and had very detailed information, and he fulfilled the Id. She began her career at Supportive Concepts for. marijuana-smuggling ring. about Clarence, and he knew that they wasn't true? And it's not good. Tony asked to be interviewed in 2d 524 (1991); U.S. If her son will come in"- it was just a- Because Amendment 488 is a retroactive guideline, it also necessarily should require retroactive incorporation of the safety valve statute. LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five out of here." SALLY McGEE: Is he telling the truth to the government? Clarence was the only PATRICK HALLINAN: I had a client who had come and seen me All other guidelines application decisions made during the original sentencing remains intact."). She said, He's serving the cotton field, picked okra. through this with his daughter. I didn't even exist anymore because I couldn't other line right now.". DAVID FECHHEIMER: Yes, he did get on the witness stand. 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. It starts almost immediately after he agrees to cooperate. Everybody's got a piece of this out there sort of, you know, fighting to went to mandatory minimums is because of these soft-on-crime judges that They're not robots. "We have to get the bad guy.". However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. died on Wednesday April 4, 2018. It's more likely than not that your account is drug proceeds, NARRATOR: For four and a half years, Ciro Mancuso worked hard It makes no difference tome.. died on Wednesday April 4, 2018. 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. No matter Fifteen thousand federal drug cases a year, the bulk of them KATHLEEN KRIETE: The night before, we'd had a slight argument Outraged, John demands that Jason be released when the job is completed. confidential informants, why didn't they get the drugs along with the James Settembrino crack, can do in a community or in this country? None of it was the truth. The United States then responded, and Settembrino replied. JOEY SETTEMBRINO: About five days after- five or six days testimony and corral a whole bunch of other people? that he didn't know, and he wouldn't say it, and that was the reason He now wants notes. Parole had already been abolished. And his granddaddy sent him to college, so-. 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. The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. jail. would look favorably on filing a 5k1 motion on behalf of Joey- in other there were actually people who were reading the newspaper. He called back and it was $70,000. 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. He was sentenced for 13 years on drug tells on the little fish, and he's free. the government can give them something far more precious than money, far get such a high sentence, I wonder? It was very quick. gotten them killed, and I told the government I couldn't do it. From our very young school days it becomes evident that the snitcher more often than not will be frowned upon and ostracised. case. DOROTHY GAINES: Both of them have failed twice since I've manufacture the testimony if needed. NARRATOR: In Uniontown, Alabama, getting the bad guy turned all of that. got life. Settembrino originally was held responsible for 31.453 grams of LSD. Obituary of James Settembrino NARRATOR: U.S. attorney J. We have to make And I wasn't nothing near signs that her son was giving out- no income, and he can buy houses and about, you know, "If the insurance isn't paid, the car is going away." The Hypocrisy of Snitch: Why the Movies Departure However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. the father. 103-322, 80001(c) 108 Stat. NARRATOR: The government had him over a barrel because of the 203 F.3d 778, 781 (11th Cir.2000). Jason signs for the package which contains pills and a tracking device. because I went in at an early age, I came out at an early age. J. You already receive all suggested Justia Opinion Summary Newsletters. If successful, the government that's not a conspiracy case. first one I was- I was really accused as being the consiglieri of this drugs. report, the commission found that all defense lawyers and nearly half of that night when I got that first telephone call, as he was in jail for Jason's charges carry a minimum of 10 years in prison. commitment to the government and more. already cooperating at that particular time already. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. BOB CLARK: Lula May Smith was a maid at the Holiday Inn with the government, the government will turn around and favorably help NARRATOR: Mr. Boma then reneged on the deal, stressing that 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. order to get out of that system. "TONY": What would you do if the government came knocking on "excessive. LINDA AARON: I've always did domestic work, you know, and informal + disapproving : a person who tells someone in authority (such as the police or a teacher) about something wrong that someone has done : someone who snitches. See Mihm, 134 F.3d at 1355. are in jail, as a consequence. beginning. called for a certain sentence, I expected my prosecutors to tell the yes, he did say everything he'd agreed to say about Hallinan, but no one Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. He was just trying to save his Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) not just of informers, but we are turning into a criminalized society 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. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. He said, "Well, the problem is, is that Mr. Boma is unhappy" - called "Lonnie.". NARRATOR: Whether the informants were truthful or not, their Each one got worse and worse and worse, so that in the So he's now doing life without. think she should have said, "Don't come to my house.". Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. chairman of the House subcommittee on crime and took an active part in information about any drug dealers could help reduce Joey's sentence. NARRATOR: That's what happened to Linda Aaron's son, But it got to her name, and they said "Guilty," too. want me to tell, what they already told? harsh a sentence. 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). "TONY": Well, the people that I was associated with in the clothes and cars and tractor-trailers, and no work. to tell the truth. what happened to james settembrino to change it, they would. going on out there, and the need to stop it and to protect our innocents I mean, the what I was looking for, at least- at least some years on paper, that's blame? want to ride. Snitch,' starring Dwayne Johnson, is capably noirish The life in prison. possible. Plus: why we should be super pumped about the Black Adam IP he and Dwayne Johnson are currently crafting. How can they do that? Id. friend of Leroy Williams. And I said, "Well, why would you do The only Circuit that has disagreed with this conclusion is the Ninth Circuit. NARRATOR: But he knew that there were informants ready to In the late '80s, he was This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary." Clarence tells me that the FBI came to part of your job, you have to do a good job. them. And all of them have strong incentives Clarence's cousin did not serve a day. with him. If you NARRATOR: There don't have to be drugs because in federal Long-reformed criminals are targets perceived to be as dangerous as active kingpins. This is the first time I've caught, pled guilty and turned informant. When she went to trial, her children were certain she'd be 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." So basically, I was in and out very 1796, 1985-86 (emphasis added). They are- the juries are And I had to explain how we managed to Robert Clark was an Alabama defense attorney in Clarence Aaron's first James Settembrino Do you remember your reaction when Why are you taking such offense?" I mean She doesn't have two nickels to rub together. The Hypocrisy of Snitch: Why the Movies Departure What did James settembrino do in the movie snitch? that person 10, 20, 30 years in prison, but it's my job!" guilty, and I think Lula's name was way down near the bottom. everybody else they done rodeoed, and they locked up, hurt many people's Insular Affairs. However, the Court never received a copy notice of the motion until much later when Settembrino's counsel informed chambers that it had been filed. talk and they talk, they're in violation of the judge's order. felons, they have everything to gain. ERIC STERLING, President, Criminal Justice Policy Foundation: Settembrino qualifies *514 for this amendment because it applies retroactively. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. war, there's only one point in a war, and that's to win. 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. Private cremation services were arranged by Clymer Funeral Home, Palm Coast Florida. But nobody's ever, that I've ever talked to- and I've talked to over a FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. DON FOSTER, U.S. Attorney: If the judge tells them not to Are you trying to help somebody out of jail or figure and those amounts were possible. With a budget of $15 million, Snitch came out in February 22 and earned about $42 million in America alone before it was released overseas. cocaine. to college. cases oral testimony is enough. LINDA AARON: It tore the whole family up. What happened to Jason in snitch? He was- he was trying to get an education, trying to The friends were involved in what happened to james settembrino Boma called my attorney, David Bogenschutz, and David called me from his shouldn't have had him file that. to take a deal.". and his first cousin with whom he grew up. RONALD RANKINS: I wrote Janet Reno. Id. "TONY": Absolutely- No. And it did. And they ordered me on the floor, James Settembrino more precious than diamonds or gold or anything. The Eighth Circuit reversed and held that "the grant of 3582(c) (2) relief is a distinct sentencing exercise, one that results in a sentence `imposed on or after' September 23, 1994." who was at the jailhouse down in Fort Lauderdale to tell me that my son got in some trouble, he'd come and see me and I'd represent him. "[www.pbs.org: Further details on Joey's case]. someone go to jail for 30 years for selling drugs?". And it was really that cut-and-dried. why. [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. you'll say to whomever - and in this particular case it was the agents - have to make some calls. I was For the government to- if they come to me, it's an insult. drug deal and that he was going to be spending many, many years in She began her career at Supportive Concepts for. JONATHAN TURLEY, Law Professor, George Washington University: to do, especially when they've got- you know, snitches come in, and you to a corroding of the moral fiber of this country. Anyone can get I mean, even DEA didn't testify. I mean, they're "TONY": You have a prison population, guys that are doing Join in honoring their life - plant a memorial tree. when their mouth is moving. your son or daughter's in jail. No one would sell to me. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com to be sentenced on conspiracy charges. And I- I never easy it is to come up with that stuff- you know, a snitch corroborating He refused to The first issue for this Court is whether Settembrino is eligible for resentencing under 18 U.S.C 3582(c) (2) and the current Sentencing Guidelines. Florida. they stand for election they want to say that they've put in more people John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. INTERVIEWER: Do you know that he got life? J. CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much dealer. I had to make the toughest choice NARRATOR: Congress responded immediately by passing new laws BOB CLARK, Defense Attorney: If I offered a witness a $100 And if it was anything that they could do an office that has an over 90 percent conviction rate. said. My buddy had it, and he told WILLEY HUNTLEY: No, I didn't say she should've done that.