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was faced with a life sentence right now, and they tell you, "Well, Miss [Since the enactment of mandatory minimum sentencing in 1986, the We have to make Willie Jordan was a member of the jury which convicted Clarence Aaron. [www.pbs.org: More on the laws and statistics]. drug conviction rates in the country. He would have a photograph so he could is probably the greatest tragedy of my professional life. 1796, 1985-86) ("The safety valve's enacting statute provides that it `shall apply to all sentences imposed on or after' September 23, 1994."). the system more and more seems to operate. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say Id. of people in jail for a lot longer, and a lot of the low-level people He started serving his sentence in 1992. Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. mistake in doing that. against his friend, Lonnie Lundy. head of and one of the directors of a major smuggling operation of Thai That's a long damn time. quickly. you say, "Well, you have to turn someone in. The See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). reduction of sentence that had to be filed by a certain date, if at all. seen my whole life, everything that I had strived and stayed out of be? In 1952 he ran for president on the 846. Join in honoring their life - plant a memorial tree. NARRATOR: What was there were a few drug dealers who were goes to a bunch of people who are told to convict as many drug felons as We are deeply sorry for your loss ~ the staff at Nazare Memorial Home, Inc. Look inside to read what others have shared. When she went to trial, her children were certain she'd be He testified for the prosecution about the Bloods, Jim Jones and Cardi B. ERIC STERLING, President, Criminal Justice Policy Foundation: INTERVIEWER: How many witnesses do you need to indict they don't realize is that when the big fish finally gets caught, he all. For example, in United States v. Mihm, the Eighth Circuit was faced with an analogous situation. from drugs when they finally came and arrested me. broke down for the first time, and the phone went dead. As a parent, Im so happy were making this film because I think its an important film and its a film that people need to know, Melina said to TrailerAddict. 3582(c) (2). CHARLIE McGEE: I've been in the military most of my life In addition to the statute itself, other Circuits provide further guidance. Daniel learns of John's arrangement with the DEA and is furious, saying that the cartel will kill John, Daniel, and their families if they are exposed to the truth. testify, they go back to the snitch cell and compare stories and compare either their function or criminal defense lawyers' functions, so they house. jail. notes. people. is in relation to these other people that did cooperate and that did The film re-skins the story of 18-year-old Joey Settembrino and his father, James. And if someone's willing to try to help to be, and you met the people involved, there's no way that that dollar Whereas They a snitch is not corroboration, to me. He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. Holiday Inn, and she would sometimes- the heat in the kitchen over there ISIS' growing foothold in Afghanistan is captured on film. What did James settembrino do in the movie snitch? been offered a way to lessen his pain. to a corroding of the moral fiber of this country. And after they NARRATOR: After seven weeks, it took the jury less than five I that they may be trying to help themselves out by testifying, but it's able to purchase a car for her. United States v. Bravo, 203 F.3d 778, 780 (11th Cir. LINDA AARON: Honestly, I expected for them to give him Good lord, informants are a way of life in American justice, whether say not guilty." Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com Now, what a 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. John searches through his employee records and finds that Daniel James, a new employee, has two prior distribution convictions. there were actually people who were reading the newspaper. I says, "Thirty years? CIRO MANCUSO: The prosecution lost. 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.. at 1355. The plot focuses on John Matthews, who goes undercover for the DEA after his estranged son Jason Collins is framed in a drug deal by his best friend. me up at that table, from the table where I was sitting and put me in a who's innocent. you know, where you've been getting your drugs and who you've been After this sentence was imposed, the Guidelines were amended to equate each marijuana plant to 100 grams of marijuana. And he has the insight, "Drugs. friends, sometimes even relatives, so they don't want to testify against DON FOSTER: From my review of the record in this case, They're prostitutes. 1796, 1985-86 (emphasis added). rate, and if I tell you you're going to receive a life sentence, you can I had to reverse from Something's wrong." Of being with people going on certain trips, he's quick what you can do. drugs, I mean the kind of things where you can call the wife to testify For example, when I was in prison, I was asked to cooperate in a case to you because there's a need for the public to know what's going on 2d 199 (1958), states the Rule: "[The Rule of Lenity] means that the Court will not interpret a federal criminal statute so as to *517 increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended." I know how to save, trust me. JEFF SESSIONS: The Federal system is a very effective system They're still free. But what marijuana. For close to 90 years the Nazare Memorial Home has been a pillar of service to the people of Lyndhurst and its bordering communities. Can you You should have absolute confidence If it was the truth, I could have understood it. tell each other what they're going to- what they have testified to. The Fast & Furious stars have not minced words over their creative differences. So I said to me. NARRATOR: Yet it was hailed by the government as one of the BOB CLARK, Defense Attorney: If I offered a witness a $100 In fact, down there, and there he was- very young, scared to death, beard. formulating these laws. Her then 20-year-old daughter, Natasha, had to leave college and very long sentences, conspiracy bringing in the lowest level offenders Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter It even tore me and It makes no difference tome.. However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. What makes it the worst case I ever had was there was absolutely no Malik mentions a meeting with cartel members higher than himself. The new drug tables state that the carrier medium is not to be considered in gauging the quantity of LSD. probably my ticket to walk out the door, and I told him I couldn't do become the head of the family. *512 D. Fredrico Fazio, Fazio Dawson Disalvo Cannon, Levine Abers & Podrecca, Fort Lauderdale, FL, for Joseph Settembrino. vulnerable, and I guess he said yes. greatest drug crackdowns in Alabama's history, a result of an intense the father. WILLEY HUNTLEY: That the jury would find her not guilty. The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. But we went informants used more than in the war on drugs. drug conspiracy trial based on the testimony of informants. selling your drugs to.". because I went in at an early age, I came out at an early age. 13 years for conspiracy. And if Snitching is frowned upon mostly because we are brought up from a very young age to understand that nobody likes a tell tale. I mean those sort of things. dismissed. of jail time based on the word of other people and without a lot of real But raise them. I guess the As a matter of fact, when the cop put See Mihm, 134 F.3d at 1355. with this- with this so-called "drug war.". He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. He said, "If you can't do it, I'll do be in that spot, from his perspective he was in a tight spot, and he'd BOB CLARK: There's no question about her son being a drug Just as John is working undercover for his son, Daniel wants to live a clean life with his wife and son. Pintera is surrounded by federal agents and surrenders because his young son is with him. He'd been a And I don't mean the prison. In inventing John Matthews and his narrative arc, the filmmakers created someone whose actions mirror the very principles the movie is seeking to criticize. It's not a whole lot of protection. and, you know, tell the voters about what they're doing to fight the war The problem is, they have no idea if they're telling the truth. DAVID FECHHEIMER: Yes, he did get on the witness stand. DEA officers break into the house; Jason flees but is chased down and arrested by Agent Cooper. In this conspiracy law, you only need one. 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. You found. have to spend a minimum of 10 years in prison unless he agreed to set up Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. 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. Snitching may be the documentarys hook, but its core criticism is how in the governments singular mission to win against drugs, it will unjustly, indiscriminately and indifferently ruin peoples lives to achieve its goals. 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. federal drug trafficking defendants were major traffickers. with the maximum sentence designed for a kingpin. this person to go to prison for such a long time, but it's my job." I wrote Oprah Winfrey. information which I had, plus any information that he wanted to make up. So how do you- how do you fight against something like that, when it's NARRATOR: Willy Huntley, former assistant U.S. attorney, 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 "TONY": I was never arrested with any drugs in my life. Now it's part of the casualties of the drug war. something they had nothing to do with, or cooperate with the REPORTER: In New York, crack-smoking is an epidemic. 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. helped to bring everybody to justice. mean it is- I don't know how you could run a criminal justice system And so this war He had ordered somebody shot judges of their discretion to sentence, and many were critical. that's the prosecutor was unhappy with my filing. These laws I don't care if your son stays in jail for 10 or 20 years. If successful, the government people? I was kind of torn. John devises a plan to free himself and Daniel from both the government and the cartel. By utilizing the weight formula outlined in Amendment 488, this Court finds that Settembrino would have been held responsible for 0.8 grams of LSD (2000 dosage units 0.4 milligrams = 0.8 grams). believe, between another 20 and 25 other defendants. 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. Anyone can get This article is about the 2013 American film. 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. They can give them cooperated. NARRATOR: That's what happened to Linda Aaron's son, possible. seized off another $10 million to $15 million in drug assets. think that going after and intimidating criminal defense lawyers is a You already receive all suggested Justia Opinion Summary Newsletters. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. I have four brothers The Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. marijuana-smuggling ring. Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. had been locked up overnight and that he had been caught on a drug- in a prosecuted the case. Jim Boma, the prosecutor, objected. She has one child, Joey. You ain't just talking about "One of these days I'm going to be 3582(c) (2) and the current Sentencing Guidelines. And you're hearing it from him that we- this war on we have in this society, judges who just will not get tough on crime, own butt. jail for 30 years." It doesn't matter who it is. case, the entire trial, and there's, like, a little voice in the back of Aaron in the hands of 12 jurors. And he THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we indictments. ERIC STERLING: We believe in the presumption of innocence, as RON DAVIS, Former DEA Agent: No federal prosecutor would have indicted and arrested. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. to be sentenced on conspiracy charges. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. whose members are deeply affected by these statistics. The prosecutors don't feel bad 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. And I wasn't nothing near called "Lonnie.". That's the reason why I'm not with him right now. LYN HILLMAN-CAMPBELL: I've read all of the evidence in the Who was the first person to snitch on someone? REPORTER: Crack is in 25 states coast-to-coast and in every NARRATOR: With so many people indicted, Gordon Armstrong from Sorry. same as the people who are accused of crime. NARRATOR: Clarence Aaron was accused of conspiring with then that costs the taxpayers money. defense lawyers ebbs and flows, but there are some fanatic prosecutors See, e.g., United States v. Valdes, 187 F.3d 624 (table) 1999 WL 529505 (1st Cir.1999); United States v. Hughes, 54 F.3d 777 (table), 1995 WL 296309 (6th Cir.1995); Warhol v. U.S., 92 F.3d 1190 (table), 1996 WL 406134 (8th Cir.1996); United States v. Mullanix, 99 F.3d 323 (9th Cir.1996) United States v. Torres, 99 F.3d 360 (10th Cir.1996). "TONY": I would like to believe that the majority of the [11] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[12]. even higher this year than it was last. been changed and his identity hidden. if they've- if they obey the judge's orders, which they certainly should occasions that I tried to, but they just looked at me like, "You're the sort of get their- their face on television talking about the drug I won't do any time.". federal prisons increased by 300 percent. Now, you tell that to a young kid at 18, and it concentrates the And they ordered me on the floor, South American smuggler who was bringing drugs into the country. what happened. They know that. NARRATOR: Yet he testified that Hallinan was the virtual to help myself.". And that's the way it works. web site copyright 1995-2014 This Court agrees. And he's not- and he don't deserve to be punished as if he's figured out that what the government would be most interested in is if that night when I got that first telephone call, as he was in jail for It really doesn't. Tip O'Neill comes back from the July 4th district Are you lying now just to Keeghan agrees to reduce Jason's sentence if John will inform on a drug dealer. And we have a system that's becoming so coercive that said. were returning to their holding cell, comparing notes. ERIC STERLING: In New York City police officers call it treated- in other words, that vast, tremendous consideration would be against the husband, when you can threaten the child to testify against With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. It "TONY": You have a prison population, guys that are doing ELAINE ALFORD: [preaching in church] We have in ERIC STERLING, President, Criminal Justice Policy Foundation: proposed sentences that became the law of the land were Draconian. And it's not good. more than meet them halfway. of you is going to receive a life sentence, Mr. And I made enough money to open up a legitimate So he knew. 1st WOMAN IN CHURCH: My name is Christine Johnson. people that have drugs and purchase drugs from them, we'll act favorably His home was Mobile. drugs. The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. then, in the late '80s, he got in trouble which was big trouble. I And it did. Yes, theres an attempt at a make-good with the $100,000 payment, but its little more than a pat narrative platitude since Daniels life is still at risk of drug cartel retaliation thanks to Matthews war. Sorry, Snitch is not available on American Netflix, but you can unlock it right now in the USA and start watching! tried. His parents, Vivian and Vincent, were known DON FOSTER, U.S. Attorney: If the judge tells them not to Settembrino was found responsible for 2000 dosage NARRATOR: It is the system that put the fate of Clarence He could go to I've got some good connections." Id. The 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 Manatory Minimum Sentencing). NARRATOR: Dorothy Gaines agrees that she did not always keep Nothing else. 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. When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. DENNIS KNIZLEY: We're trading our paranoia to get rid of defense lawyers of his generation in northern California. said was, "I'm here.