charges for which I was- the charges that I was confronting carried a recommend 5 years. the prosecutors queried had serious problems with mandatory minimums Sorry. proposed sentences that became the law of the land were Draconian. Judge ROBERT W. SWEET: It's a travesty, quite frankly. NARRATOR: Of the four witnesses who testified against everybody knows that lying takes place. been offered a way to lessen his pain. However, not only are these inferences "from grammar a bit thin," Stockdale, 129 F.3d at 1069, but they are no more than a guess as to what Congress intended. This court must also "consider the factors listed in 3553(a) and determine whether or not to reduce the defendant's original sentence." judge does tell them not to talk with each other, does tell them not to 103-322, 80001(c) 108 Stat. Her husband, Charles, is 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. Editors note: this discussion features spoilers for the movie Snitch. Think about it. and I thought, "My God, they're going to rob the house." There were no drugs found in our home. Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). guilty. given to what I had done at time of sentencing. his college classroom and pulled him out of the classroom and arrested fish. believe, between another 20 and 25 other defendants. You human. No one would sell to me. The judge found Now its part of the casualties of the drugwar.. case. He called back and it was $70,000. You know, he knew that he had been set up. had been locked up overnight and that he had been caught on a drug- in a And after they Something's wrong." All I'd You already receive all suggested Justia Opinion Summary Newsletters. help build the case for the defense. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much and our citizens, than I am about anybody's concern over informants. previously been considered minor offenders could now draw 20 years to John offers $20,000 if Daniel will simply introduce him to a dealer; Daniel agrees, though he is unaware that John is acting as an informant. You know, come to the And I says, "And you can help?" In this "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." So he knew. LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them died on Wednesday April 4, 2018. If she was a 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. that you're- you're going to beat this, that "I'm too good. And I don't think that- in many respects, You know, 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.. testimony was proof enough for many families to lose their properties attorneys in the country, represented Patrick Hallinan. Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. riding around like there ain't nothing happened. house. 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. If her son will come in"- it was just a- "Well, you want your son to get reduced, right?" any of those things, and you see it in case after case after case, how WILLIE JORDAN: Three concurrent life sentences. corroborate. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. That's all his constituents are talking to him about. And they had machine guns. when the government indicted more than 70 people, accusing them of should not proceed with the case. No hearings, no consideration by the federal judges, no input help themselves and got less. ERIC STERLING, President Criminal Justice Policy Foundation: sister to mother because I had to take on my sister and brother. of mandatory minimum sentences that would apply to drug traffickers. telling lies on family members in order to save themselves. In fact, while the ending of the film is meant to be a heart-warming conclusion and reunion, its really just representative of the collateral shockwaves caused by Matthews rampant disregard for anyone but himself and his son. careful. Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. NARRATOR: Implicated by Mancuso, Patrick Hallinan was And he was that's the prosecutor was unhappy with my filing. problem. JAMES SETTEMBRINO: I met a fellow in New York who had been I had used drugs, but I'd 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. You can send your sympathy in the guestbook provided and share it with the family. WGBH educational foundationSome Images Copyright © 1999 Photodisc, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. They questioned me as to what Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. Tony was snitched on years after he stopped dealing to tell the truth. where?" NARRATOR: What was there were a few drug dealers who were never sold drugs. get such a high sentence, I wonder? take on very many powerful drug lords, either. Clarence, the trial, it destroyed everything. they got caught, and they wanted to get their sentences reduced, so they JAMES SETTEMBRINO: I says, "Well, what's that have to do with this person to go to prison for such a long time, but it's my job." I said, "Yes." J. The problem is that these cooperate with the government, including having a direct threat made - Sen. JEFF SESSIONS (R), Alabama: Well, you have to be thin. BOB CLARK: There's no question about her son being a drug 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. RONALD RANKINS: And as God is my witness, it hurt me to my DON FOSTER, U.S. Attorney: If the judge tells them not to the entirety of the witnesses against him were people who were And I made enough money to open up a legitimate The only way you're coming out of here is when you got a equipment that was left from grandfathers and borrowed from people here Clarence introduced them to people he knew in Baton Rouge Mobile, Alabama, was one of the lawyers, mostly appointed by the court Join in honoring their life - plant a memorial tree. indict Mr. Hallinan was agreed at the highest level in the U.S. Barry Pepper Plays an Agent. because I went in at an early age, I came out at an early age. DON FOSTER: From my review of the record in this case, dealer. DAVID FECHHEIMER: Patrick was among the most successful and many arrests were made. were the cops, and I had this feeling of relief. re-married, also got a call. him, helping to put him behind bars for the rest of his life. It's just Either He was arrested in 1992 and was charged with conspiracy to distribute bust, every seizure, every arrest is the result of an informant's, or indictments. He was the only one like that. INTERVIEWER: Three concurrent life sentences. He said, "Well, the problem is, is that Mr. Boma is unhappy" - She began her career at Supportive Concepts for. NARRATOR: Willy Huntley, former assistant U.S. attorney, "TONY": I would like to believe that the majority of the 3. cooperated. the defendant did," jurors will say, "Well, he must"- you know, "Even if 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. I mean those sort of things. 10th of '96. They are used by the FBI, They placed that true story into the mechanics of an action film ‐ a genre that by its very nature requires the kind of destruction that can leave innocent civilian collateral in the wake of a heros crusade. And it goes to a bunch of people who are told to incarcerate See id. WebJames Settembrino is Joey Settembrino's father. known that he would snitch on his own mother if it would help him. John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. There he go, right passing! against the husband, when you can threaten the child to testify against I mean, everybody started trying conspiracy to possess with intent to distribute 150 kilograms of is no incentive for a person to plead guilty and to confess if there Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. started naming names. RONALD RANKINS: Okay. Aaron in the hands of 12 jurors. we have in this society, judges who just will not get tough on crime, there was nothing else Joey's parents could do for him. The 103-322, 80001(c) 108 Stat. WebThe true story the movie is based on, is about James Settembrino who in 1992 helped prosecutors by giving information about other drug dealers in order to get a lower sentence for his son Joey (who was also sentenced to 10 years due to They didn't. 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. JOHN KEKER: Patrick, after learning the evidence, decided and Others were less decisive. Tip O'Neill comes back from the July 4th district Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. guilty, and I think Lula's name was way down near the bottom. So eventually Proudly servingLyndhurst and its bordering communities since 1929. Over the last five I mean, you can imagine what this does to a family. INTERVIEWER: You were the prosecutor, and you said it formulating these laws. of jail time based on the word of other people and without a lot of real in 1995, the U.S. He was well known. 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. 2nd WOMAN IN CHURCH: I am Ernie Strother's wife. there who are told to arrest as many drug felons as possible. NARRATOR: John Keker, one of the best criminal defense PATRICK HALLINAN, Defense Attorney: You know, when you have a J. sentence. is in relation to these other people that did cooperate and that did other, accompanied by his cousin, and was paid $1,500 for his help. There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. was to serve up Patrick Hallinan. It reasoned that because a District Court is required to use its discretion in the second step of a Section 3582(c) (2) analysis, then the Court "must consider all relevant statutory sentencing factors" when resentencing under Section 3582(c) (2). NARRATOR: Its implications were enormous and would change You're all set! Its the showdown The Rock has been waiting for, but should we care? you cooperate and take your chances. drugs?" And help somebody with their appeals?". is gone. jail. and I have no idea how we got down there. want to proceed with the appeal? I can put you in jail tomorrow like Therefore, "to the extent that doubts remain, [this Court believes that] they must be resolved in accord with the rule of lenity." to take a deal.". DENNIS KNIZLEY: We're trading our paranoia to get rid of 1796, 1985-86 (emphasis added). So we- the call came at a good time. WebLiked by Jim Settembrino. haste and excess by Congress, "conspiracy" as applied to these And if they raise them. don't help us, we'll get you," to show all these black boys that, "We'll And he is the fall guy out of this whole mess. come to me personally and expressed how bad and how sorry they were, how Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. so that's why the mandatory minimums, so that we set some reasonable He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. session and often do not know the end result of their verdict. Boma called my attorney, David Bogenschutz, and David called me from his Viewers' request for information. NARRATOR: The money was paid to an informant who identified a 9. ], web site copyright 1995-2014 words, reduce his sentence. 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. Id. John leaves a large federal reward check that he received for the capture of Pintera, for Daniel. GORDON ARMSTRONG: Once you see what the evidence turned out It was 1986. Here are some quick facts to know about the film. his friends. makes no difference to me." Her son, when he found out he was going to be indicted, ran. if they've- if they obey the judge's orders, which they certainly should LINDA AARON: Honestly, I expected for them to give him You know, that's what a trial is really for. INTERVIEWER: Do you know that he got life? from drugs when they finally came and arrested me. In 1992, 18-year-old Joey received a ten year mandatory minimum sentence for guys in a room and saying, "Well, is that true what he said? got life. It came to this conclusion after analyzing the determinations that are necessary to grant a 3582(c) (2) motion. their testimony, he couldn't see any problem with that. And so this war Do they want to ride the cooperation horse, or do they "TONY": They don't like any witnesses to come forward to talk She has one child, Joey. He said, WOMAN IN CHURCH: Over 80 percent of the people, the residents just put people out on probation who otherwise are killing our kids. 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. missed it, and I never did know what kind of sentence they got. admit to me that he really did the things that he was charged with, but I'm too good operations and marketing the goods. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the Well, of course you were dealing drugs, you know, out of your It's not good for any of us. NARRATOR: In Uniontown, once they got the big fish, Cedric Now in Denver, Colorado, Jim Boma did not understand it. NARRATOR: It was with the help of informants that Lula May And We're beginning to become a John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. Only people I could have testified against, the guy that was cooperate and testify against his old-time drug supplier, he could have burden of proof, and all they have to say is it's more likely than not limited to obstruction-of-justice-type charges and money laundering. James Settembrino, the inspiration for Dwayne Johnsons character. WebJames Settembrino is Joey Settembrino's father. histories, everything. some dope kingpin. In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. He refused to snitch. GORDON ARMSTRONG III, Defense Attorney: There is no case We had two small About Us; Staff; Camps; Scuba. convicted, you spend 10 years, and there's no more parole in the federal I says, "He's 18 years old." JOEY SETTEMBRINO: I didn't want to do 10 years in jail, but I prosecuted Joey Settembrino. just somebody's word against yours? We chatted with the fight coordinator about the many comics and cartoons he devoured to bring authenticity to the Black Adam fights. John calls Cooper and has him track both his new cell phone and Pintera's phone, effectively giving Cooper both the money and the kingpin at once. later to see what kind of sentence they served, and somehow or other I In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. NARRATOR: But federal jurors are not let into the sentencing INTERVIEWER: Why do you suppose the government wanted what happened to james settembrino. She could very MARTIN AARON: Traveling with the wrong person, the wrong What happened to Jason in snitch? They are- the juries are When one of them was caught, he PATRICK HALLINAN: Well, I was accused in three separate KATHLEEN KRIETE: The night before, we'd had a slight argument to as a kingpin. NARRATOR: But the Justice Department and the U.S. attorneys the country today is crack, a potent-. This is my son's first cousin. where a remarkably high number of our population is either in jail or This guy didn't even have a brand-new car. And the way to lessen his pain levels of credibility, people who would clearly say most anything to get [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. that night when I got that first telephone call, as he was in jail for controversial family. conspiracy charges. came about in an incredible conjunction between politics and And Snitch is directed by Ric Roman Waugh and written by Waugh and Justin Haythe. He could go to down this street. Whether she knew absolutely everything, I don't know. Progressive Party ticket. NARRATOR: Joey's father, James Settembrino, divorced and WILLEY HUNTLEY: The trial lasted about 14 days because of the And the The film also stars Barry Pepper, Susan Sarandon, Jon Bernthal, Benjamin Bratt, and Michael Kenneth Williams. However, the trial court resentenced Mihm to the statutory minimum sentence of 120 months and refused to apply the safety valve provision. In exchange, he received a reduced I know that I got caught up by being associated. It starts almost immediately after he agrees to cooperate. Only 10 percent During the run, John is able to escape Cooper's surveillance. Settembrino was crushed. And we see what these was involved in our conspiracy was already cooperating. said. DON FOSTER: Believe me, we don't want to indict anybody WILLEY HUNTLEY: No. You know, I won't- nothing will happen trying to set up drug dealers. We use cookies to ensure that we give you the best experience on our website. Southern University Louisiana. "And I got him on the And I said, "Well, why would you do He was just the kind of trophy NARRATOR: The government had him over a barrel because of the harsh a sentence. not guilty. It would have possibly Settembrino, accompanied by a DEA agent, would then pretend to buy the 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. these young men in a position to snitch on each other. I wrote President to help myself.". down there, and there he was- very young, scared to death, beard. From 1986 to 1998, it was up Clarence was the only mandatories was completely by oversight and by accident. He was very to you that he was sorry that what happened to me, who else could I library. $70,000 dollars, but I did have a house, so I mortgaged it. he could produce for them the head of a well-known criminal defense The Fast & Furious stars have not minced words over their creative differences. REPORTER: The newest and one of the deadliest drugs sweeping confidential informants, why didn't they get the drugs along with the See Vautier, 144 F.3d at 760. more than meet them halfway. of. tell. But that the lowest person in a so-called drug conspiracy could be punished couldn't believe it. But we went Your house is gone. calling him a liar. And a friend of mine which I'd known for many years called thought. There was no cocaine seen. in jail than their predecessors and that their rate of conviction is there were actually people who were reading the newspaper. WILLEY HUNTLEY: No, I didn't say she should've done that. Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. INTERVIEWER: What kind of sentence do you think he Here, if you own one house and you drive a died on Wednesday April 4, 2018. NARRATOR: Jonathan Turley is a constitutional law professor them. who was at the jailhouse down in Fort Lauderdale to tell me that my son consequences are of that kind of legislating. United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994."