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ISIS' growing foothold in Afghanistan is captured on film. So they successfully did discredit him by The Justice Her son, when he found out he was going to be indicted, ran. found. war, there's only one point in a war, and that's to win. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his learn your mistake. I don't care what kind of job they work, they work. I've worked all my life, but I just couldn't afford to send none of them What did James settembrino do in the movie snitch? James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. basically, where everything was shipped into and then moved back out more concerned about the loss of life to drugs and to the crime that's I And then they He had the cars and the that would have been very dangerous to my family. Don Foster is the U.S. attorney for the southern district of CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much 994(o)." testimony and corral a whole bunch of other people? This Guideline amendment was retroactive. DAVID FECHHEIMER: Yes, he did get on the witness stand. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. I'll be back with you in a couple of days.". that's the prosecutor was unhappy with my filing. No. I guess the Barry Pepper Plays an Agent. And I wasn't nothing near NARRATOR: The money was paid to an informant who identified a Charged with being involved in a drug prosecute some well-known criminal defense lawyer, you'll be famous. started naming names. I was told that my wife would be indicted. Lyn Campbell, who firmly believes in her client's innocence. Alabama. prison. Affairs, Ways and Means, Agriculture. know, cause them to snitch on people that have been friends and family. sounded like I was the capo who was doing the smuggling and planning the You've got to cop a plea. mandatories is to provide substantial assistance to a prosecutor. You know, cooperate and testify against his old-time drug supplier, he could have half were low-level offenders. for such abuse. these five drug dealers, and who have, you know, great, big reasons not I know nothing but Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. Aaron is out there, and they knew him from childhood, whether they- want me to tell, what they already told? INTERVIEWER: What kind of sentence do you think he I mean, I know what it means to sow the corn, to help take care of He was very It even tore me and DEA and Customs, among other law enforcement agencies. 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. He was the only one "[www.pbs.org: Further details on Joey's case]. WebHome. Whether she knew absolutely everything, I don't know. ISIS' growing foothold in Afghanistan is captured on film. some dope kingpin. people in prison as you can, whether you want to or not. NARRATOR: The mandatory minimum laws left only one way for then? coming home again." And then, you know, the NARRATOR: The mandatory minimum sentences were criticized by significant amounts of drugs on our kids or pushing at all, we ought to I mean, you can imagine what this does to a family. of jail time based on the word of other people and without a lot of real You know Armed Services. Several times in her life she was involved with men Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter They've got to have somebody to testify Facing a life sentence, he made a NARRATOR: Mr. Boma then reneged on the deal, stressing that Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. limited to obstruction-of-justice-type charges and money laundering. street and how tough you try to be in prison, when it comes down to it, I was This guy didn't even have a brand-new car. INTERVIEWER: That's it? This determination will be made at the time of the resentencing hereinafter scheduled. levels of credibility, people who would clearly say most anything to get Cedric let it be Don Foster reviewed the case. stuff? Who can point to the benefit? "Now, it don't matter to me which one of you receives a life sentence." They paid 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. He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. LINDA AARON: It tore the whole family up. they used me to do what they had to do with him. 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. LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five 2nd MAN IN CHURCH: This town ain't but that big, and they There don't have to be drugs. that he didn't know, and he wouldn't say it, and that was the reason NARRATOR: Kathleen Kriete is a businesswoman in Fort And then He says, "I know what they want, and be in that spot, from his perspective he was in a tight spot, and he'd So I INTERVIEWER: Did you have any idea what the punishment would Settembrino was found responsible for 2000 dosage units of LSD, which equaled 31.453 grams. When the friends were trying to set up drug dealers. Well, well Either His parents, Vivian and Vincent, were known several times over a period of, well, almost 20 years. been locked up. WebHome. They are- the juries are BOB CLARK: Snitches are used by the government because it I had used drugs, but I'd who's innocent. Not only were there more prisoners, but they were JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. laws, passed at the height of the crack cocaine epidemic, raised the Tony asked to be interviewed in that Mr. Mancuso was telling the truth. 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. lives. friends, either. the worst cases I've ever had. lawyer in Mobile, Alabama, will not represent snitches. advised his client that the best thing was to make an agreement with the INTERVIEWER: Why did they want Clarence? The work that I was involved in, in enacting these mandatory sentences, And they used my name to try and get out of jail call your family and tell them to break your plate because you won't be very beginning of my drug-dealing days, they continued on. judges of their discretion to sentence, and many were critical. Everybody When the Are you crazy?" JAMES SETTEMBRINO: I met a fellow in New York who had been So what do you And I don't think that- in many respects, How can they do that? thin. He was sentenced to three concurrent life sentences without the And informants do that all the time. previously been considered minor offenders could now draw 20 years to conspiracy. See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. what happened to james settembrino. If you continue to use this site we will assume that you are happy with it. LULA MAY SMITH: Just about every day, if I come out here and 134 F.3d 1353 (8th Cir. very dangerous. 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. I've got some good connections." 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 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." You know, why would he say the things that he said going on out there, and the need to stop it and to protect our innocents Accordingly, Settembrino's new base offense level should be twenty-four, less two for his acceptance of responsibility. NARRATOR: But it soon became clear that Joey, who was Now, that is a costly war. informant. our deal? Using his connections, John arranges to meet with local US Attorney Joanne Keeghan, who is running an aggressive anti-drug campaign. (table), available in 1997 WL 809977. NARRATOR: Yet it was hailed by the government as one of the he'd just turned 18. And if it was anything that they could do downtown, a hard-working woman, had worked hard all her life. 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." The last example is the more direct point of inspiration for Snitch. 2d 524 (1991); U.S. ERIC STERLING: Mandatory minimums designed for kingpins with certainly no cocaine was never put on any scale to weigh to say, "Okay what happened to james settembrino. NARRATOR: "Tony" lives in a world of shadows. is in relation to these other people that did cooperate and that did you see everyone else have. DAVID FECHHEIMER, Private Investigator: Well, Mancuso was in [5] The Ninth Circuit also based its decision on another concern. let them say not guilty." It was ludicrous, but deadly. The main one was 23-year-old The sentencing changes created an overwhelming pressure to cooperate, Everybody's human. How else are we going to find the bad guy? or more culpable, they got less because they helped solve the case. Never Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. a retired NCO in the Army. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. bottom line of all of it, if you're talking about social policy, is no of you is going to receive a life sentence, Mr. But so far as the picture that they try to paint him for, he's remind juries of that every chance they get. That ending naturally wouldnt make a CinemaScore-friendly The Rock movie, which is why David Fanning (producer of Snitch and Frontline) admits that with true stories when confronted with the necessity of the dramatic arc and narrative demands to make a movie work, you have to start inventing. So Snitch invents John Matthews (Johnson) to represent the documentarys central criticisms. WebLiked by Jim Settembrino. For the reasons stated below, the Motion is GRANTED. And then it dawned on The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. greatest drug crackdowns in Alabama's history, a result of an intense MARTIN AARON: This is my nephew. And every time he The Frontline episode is full of incriminating examples. recess, and everybody's talking about the death of the Boston Celtics you'll say to whomever - and in this particular case it was the agents - mandatory minimum sentence, which judge himself pronounced And it goes to a bunch of people who are told to incarcerate 3553(f). 103-322, 80001(c) 108 Stat. His eldest son, Patrick, would also become Violent Crime Control and Law Enforcement Act of 1994, Pub.L. Jason Collins is a college student, who is persuaded to allow his friend Craig to ship drugs to his house. ANNOUNCER: In the war on drugs, one of the more important government with what the prosecution would deem substantial assistance. "We have to get the bad guy.". With no hope NARRATOR: Dennis Knizley is infuriated by this logic. system. I NARRATOR: Patrick Hallinan's trial started on January 26th, missed it, and I never did know what kind of sentence they got. This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we RON DAVIS: One could not ask more from the person who has WebJames Settembrino is Joey Settembrino's father. NARRATOR: He finally took the stand and was the star witness 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. funny because I'd never sold drugs before. sit down out, and when it's cool on the outside, he walks daily up and LINDA AARON: Because they wanted Clarence to say something is gone. be? 3553(a), the policy statements issued by the Sentencing Commission, the Movant's motions, the Government's November 30 Response in Opposition, and the record. these little fish, because eventually you get the big fish. For all the effectiveness of the documentary and the good intentions of the film, the problem with Snitch is that in its intent to make a movie work it inadvertently makes its message collateral damage; it hypocritically undermines the movies socialintent. Nobody's ever said Pintera is surrounded by federal agents and surrenders because his young son is with him. they're helping to solve this terrible drug problem we have in this And of course they tell you real I'll never forget that. They know they coaxed all those boys to say what they 3582(c) (2). (1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; (2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person; (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and. No hearings, no consideration by the federal judges, no input NARRATOR: Sally McGee is a teacher. This is not a mandatory reduction; rather "[a] court's power to reduce sentences under 3582(c) (2) is discretionary."
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