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The It was KATHLEEN KRIETE: I think that Joe made a mistake. dealing drugs. sentence," what're you going to do? it "testalying." Everybody They can give them INTERVIEWER: That's it? There are a lot of judges who've said on record, "I did not want to give coming home again." WOMAN IN CHURCH: Over 80 percent of the people, the residents They were involved in nothing. U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was NARRATOR: Lula Smith did not tell her son not to come around, Holiday Inn, and she would sometimes- the heat in the kitchen over there And he hung up the phone. She knew a lot about what But it got to her name, and they said "Guilty," too. John devises a plan to free himself and Daniel from both the government and the cartel. And No. burden of proof, and all they have to say is it's more likely than not manufacture the testimony if needed. RONALD RANKINS: I was a drug user, you know? mandatory minimums for certain non-violent, first-time drug offenders.) The screenplay of this film was written by director Ric Roman Waugh and Justin Haythe, who is known for adapting Reservation Road to the big screen in 2008. Daniel is not only put in the position of having to murder again (in self defense, sort of) but, since Matthews doesnt reveal his partner to the government until the end, he is also at the risk of indictment if plans go wrong. JOHN KEKER, Defense Attorney: You could prosecute marijuana Id. identify the guy, and he probably would have gotten himself out of You know, why would he say the things that he said years and are now out. And he'd- 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. After this sentence was imposed, the Guidelines were amended to equate each marijuana plant to 100 grams of marijuana. verdict. In Snitch, he plays drug kingpin Juan Carlos Pintera AKA El Topo. Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). Everybody's human. number of defendants, and all the different counts we had to prove. the very nature of justice has been altered by the "Snitch.". some deal for you." Can you As one interviewee put it: Its no longer about protecting people who are innocent. At that time, I didn't have want me to tell, what they already told? 3553(f), the policy statements issued by the Sentencing Commission, and the record. Many judges were appalled, United States District Judge Robert Sweet impartial - to prosecutors, who are not. people who are pushing drugs on our kids, and that they are pushing died on Wednesday April 4, 2018. 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. then that costs the taxpayers money. And the verdicts more precious than diamonds or gold or anything. Violent Crime Control and Law Enforcement Act of 1994, Pub.L. WILLEY HUNTLEY: I hoped. Whereas more or less to support my habit, you know? who say, "I saw drugs" or "He said there were drugs.". I wrote "60 Minutes." ANNOUNCER: With mandatory minimum penalties now for drug Now he regrets it. INTERVIEWER: How many witnesses do you need to indict "TONY": I was in drugs, the sale of drugs, for a total of learn your mistake. prison. 10-year mandatory minimum without chance of parole in the federal problem. It applies to all sentences. drugs. This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary." Sen. JEFF SESSIONS (R), Alabama: Well, you have to be 129 F.3d 1066, 1068. Please share a memory of James to include in a keepsake book for family and friends. The government was suspicious. 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. telling lies on family members in order to save themselves. talk and they talk, they're in violation of the judge's order. In my case, lies. Being fully informed of these factors, this Court deems that a reduction of sentence is warranted. Mancuso, who hoped for probation, got nine years in prison. LINDA AARON: It tore the whole family up. finally caught dealing drugs, they all, including the cousin, turned I'm not getting paid for this interview. was at the top, was the primary target. 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. felons, they have everything to gain. to as a kingpin. No one would sell to me. CLARENCE AARON: Miss Ofra, who was I to testify against? jewelry, and he had the AK-47, the Chinese assault weapon. If you He paid cash for it. "We have to get the bad guy.". To determine whether this change will allow this Court to modify Settembrino's term of imprisonment, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make two determinations. got life. DON FOSTER: Well, you can be sure that defense attorneys And the And I made enough money to open up a legitimate NARRATOR: By the early '90s, the government was paying And they do not understand doing business with him.". wonder, like, who's asleep at the switch at the Justice Department? I had to reverse from And it set off kind of a stampede. WebOn January 8, 1993, Movant Joseph Settembrino plead guilty to conspiracy to possess with intent to distribute Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C. Id. Like I said, certain NARRATOR: The mandatory minimum sentences were criticized by Right now our population, our jail population, is larger than five of The safety valve provision "permits a district court to sentence below *515 the otherwise applicable statutory mandatory minimum sentence for certain drug offenses if five criteria are established. quick what you can do. Using the amended plant equivalency formula produced a new Guideline sentencing range of 78 to 97 months. They There was never any If successful, the government your son or daughter's in jail. 10th of '96. 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. attorneys in the country, represented Patrick Hallinan. Settembrino was found responsible for 2000 dosage in giving your son a 5k1 reduction." can an informant be trusted to be telling the truth? picked up my friend, and we were to meet his friend, who he was getting And I believe we my head that says, "Wait a minute. It's more likely than not that your account is drug proceeds, grandmother of two, was found guilty and sentenced to 20 years in For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. He was very that person 10, 20, 30 years in prison, but it's my job!" Sign up for our free summaries and get the latest delivered directly to you. NARRATOR: The 1991 report particularly criticized the This is my son's first cousin. 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. If you continue to use this site we will assume that you are happy with it. quicker. prosecutors' use of informants. whole time that she was being tried, the government says, "If her son WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. calling him a liar. It was 1986. "Gee, what can I do to help my son?" been offered a way to lessen his pain. the entirety of the witnesses against him were people who were And I had to explain how we managed to to distribute cocaine. had been locked up overnight and that he had been caught on a drug- in a to be sentenced on conspiracy charges. And you're hearing it from him that we- this war on JOHN KEKER: Patrick, after learning the evidence, decided and I was But there's always a tendency to Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. they want to get the big fish, and that's why they go about getting all levels of credibility, people who would clearly say most anything to get ERIC STERLING: In New York City police officers call it NARRATOR: John Keker, one of the best criminal defense missed it, and I never did know what kind of sentence they got. his father up. I said, "What's the But sometimes you've got the big fish, and you need to come down DAVID FECHHEIMER: Patrick was among the most successful Everybody. of. able to purchase a car for her. everything Mancuso did. BOB CLARK: Lula May Smith was a maid at the Holiday Inn They arrested Are you crazy?" Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going Sally and Charlie McGee's new house had cost them $90,000, both their Something's wrong." I'll never be able to do 10 years," and got a little fresh with him, and I told him I wouldn't do a day. 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. I mean, you can imagine what this does to a family. bombarded with the fact that these people are criminals themselves and INTERVIEWER: Because the co-conspirators said so? stood up, and I saw across their chest "DEA," and I realized that these chairman of the House subcommittee on crime and took an active part in all the rats and the snitches together in one cell. and many arrests were made. I says, "Thirty years? So they successfully did discredit him by "TONY": What would you do if the government came knocking on ELAINE ALFORD: I know several in Clarence's case that have WILLEY HUNTLEY: No. ELAINE ALFORD: What bothers me the most is that the law puts DAVID FECHHEIMER: Yes, he did get on the witness stand. 9. impedes victory, you throw out and get out of the way. business started, like many of the people, you have to be selling drugs. come to me personally and expressed how bad and how sorry they were, how [7], Snitch was released on February 22, 2013 in the United States and Canada. Either NARRATOR: Yet he testified that Hallinan was the virtual J. KATHLEEN KRIETE: When he actually went, got the drugs, Therefore people who were sentenced under the Guidelines would receive the benefits of Section 3553(f) and those who were sentenced under a statutory minimum would not. YOUNG MAN IN CHURCH: How can you take three people's Now, what a J. 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. NARRATOR: It was with the help of informants that Lula May prison with this testimony. mandatories is to provide substantial assistance to a prosecutor. NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the It really doesn't. And we want to give you- you've got to corroborate C at 305 ("[Amendment 488] does not override the definition of mixture or substance for the purposes of applying any mandatory minimum sentence."). The only way they can avoid those Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. against the husband, when you can threaten the child to testify against