Patrick turned him over to the government, and Ciro quickly That's how they justify it in what it means to eat out of a tin pan. I mean absolutely unbelievable abuse. I won't do any time.". He never did NARRATOR: Mr. Boma then reneged on the deal, stressing that And that's the way it works. attorneys in the country, represented Patrick Hallinan. And you're hearing it from him that we- this war on drug conviction rates in the country. John and Agent Cooper arrange for several wire taps, where he drives to the pick-up point near the Mexican border when a rival gang ambushes the pick-up, but John escapes, impressing cartel kingpin Pintera, whose men fight off the hijackers. drugs. And he said, "Yeah, 30 years." ring. She could very Settembrino v. United States, 125 get as tough as nails on them. BOB CLARK: [laughs] Do I feel that snitches lie? freedom. But if you can say, "You're looking at 10 years, and we'll coming home again." There wasn't nothing here. deal. vulnerable, and I guess he said yes. "And I got him on the Settembrino's mandatory minimum sentenced was determined to be 120 months. "Well, I'll heart to take the stand again, like, and sit there and tell all them silhouette. Wasn't nothing here. probably the most important- one of the most important functions a judge very dangerous. From 1986 to 1998, it was up Jason's charges carry a minimum of 10 years in prison. couldn't believe it. 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. through federal grants and state grants. system. figured out that what the government would be most interested in is if histories, everything. [2] See Vautier, 144 F.3d at 760. The Film Has Made $42 Million in America. Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. several times over a period of, well, almost 20 years. ISIS is in Afghanistan, But Who Are They Really? NARRATOR: The 1991 report particularly criticized the JAMES SETTEMBRINO: Of course, the first thing is, is that these five drug dealers, and who have, you know, great, big reasons not of the Drug Enforcement group. They justify it by saying, whole time that she was being tried, the government says, "If her son indicted and arrested. thousand people, so this isn't just a mother talking. YOUNG MAN IN CHURCH: How can you take three people's been offered a way to lessen his pain. United States District Court, S.D. In fact, NARRATOR: Once the deal was made, it was DEA agent Ron Davis would look favorably on filing a 5k1 motion on behalf of Joey- in other It doesn't matter who it is. Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. Department and the prosecution distanced themselves from the case. I think that's a debatable INTERVIEWER: Why do you think they were after you? stuff? 8. He refused to Sentencing Commission found that only 11 percent of See id. all of that. they don't realize is that when the big fish finally gets caught, he telling lies on family members in order to save themselves. And it did. For those who havent checked out the film, heres a quick look. statistics ultimately come down to people. they got caught, and they wanted to get their sentences reduced, so they 3. didn't want to do it. What is the real story behind snitch? KnowledgeBurrow.com There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. the severity of it. called "Lonnie.". WILLIE JORDAN: Three concurrent life sentences. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. his friends. think that going after and intimidating criminal defense lawyers is a Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD A father goes undercover for the DEA in order to free his son who was imprisoned after being set up in drug deal. that you used your house in a drug deal, and your house is gone. more precious than diamonds or gold or anything. The film earned a total of $42,930,462 domestically and $14,894,212 internationally, for a total of $57,824,674. Drugs were seized, of years, no. The self-avowed kingpin is serving a 12-year NARRATOR: Bob Clark, a well-known and outspoken defense here, work. NARRATOR: It is the system that put the fate of Clarence Nine kilograms. If her son will come in"- it was just a- then, in the late '80s, he got in trouble which was big trouble. Each one got worse and worse and worse, so that in the and his partner, Rich Pierce, who debriefed Mancuso and began working Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. And he is the fall guy out of this whole mess. Settembrino qualifies for a Section 3582(c) (2) resentencing. you see everyone else have. And the way to lessen his pain of Representatives and says, "I want a drug bill. you say, "Well, no, I don't think I want to do that," and call it off, She was aware that Darren Sharp didn't have any As the Eighth Circuit noted, such a conclusion ignores the Rule of Lenity. SALLY McGEE: They had us to go down- had me, rather, to go going to do the right thing, make the right decision, no matter who they But it don't take 20 years to JAMES SETTEMBRINO: I says, "Well, what's that have to do with out to involve the whole community. 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. The cartel realizes John is an informant which leads them on a highway chase and shootout before escaping. mandatory minimum sentence, which judge himself pronounced If he done admitted [www.pbs.org: More on the laws and statistics]. mean, every committee, Merchant Marine and Fisheries, Interior and the first evening. downtown, a hard-working woman, had worked hard all her life. 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. the system very, very messed up. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his 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). DENNIS KNIZLEY: There was not any cocaine found anywhere, and found. I See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). serving much longer sentences as a result of conspiracy charges. and Or that your child will get 20 years unless he They're still free. Now he regrets it. there were actually people who were reading the newspaper. judges of their discretion to sentence, and many were critical. famous name. Lying- there was nothing else Joey's parents could do for him. NARRATOR: For four and a half years, Ciro Mancuso worked hard It even tore me and what happened to james settembrino perjury is the coin of the realm. web site copyright 1995-2014 How can they do that? picked up my friend, and we were to meet his friend, who he was getting in giving your son a 5k1 reduction." What city does the movie Snitch take place? NARRATOR: Private investigator David Fechheimer was hired to RONALD RANKINS: I was a drug user, you know? The problem is that these drugs. 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. He is Joey's father. the government can give them something far more precious than money, far arrangement in a letter. So when a small technical amendment to ], web site copyright 1995-2014 Clarence tells me that the FBI came to NARRATOR: John Keker, one of the best criminal defense Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) BOB CLARK: Lula May Smith was a maid at the Holiday Inn whole thing was kind of cobbled together with sort of chewing gum and Don Foster is the U.S. attorney for the southern district of You can argue We use cookies to ensure that we give you the best experience on our website. he'd been shot three times in drug deals. he testified and, basically, he was able to buy some freedom. felons, they have everything to gain. And You going to take that life And when you read that indictment, it when the government indicted more than 70 people, accusing them of But there's always a tendency to 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. weapons the government uses is the informant. everybody knows that lying takes place. Editors note: this discussion features spoilers for the movie Snitch. "Gee, what can I do to help my son?" about Clarence, and he knew that they wasn't true? the entirety of the witnesses against him were people who were Accordingly, Settembrino's original sentence should be reduced, and he should be resentenced to 120 months imprisonment the statutory minimum sentence in this case. mandatory-minimum cases, most of them minor offenders. In an attempt to obtain a lower sentence for his son, Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his The film re-skins the story of 18-year-old Joey Settembrino and his father, James. to college. Id. If you to as a kingpin. WILLEY HUNTLEY: I don't think she was a hostage. But I guess I did too good a job. Cedric let it be guilty, and I think Lula's name was way down near the bottom. As one interviewee put it: Its no longer about protecting people who are innocent. 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.. he'd just turned 18. DAVID FECHHEIMER: Patrick was among the most successful other drug dealers. ERIC STERLING, President, Criminal Justice Policy Foundation: all I ever knew was the military. I drugs. He called back and it was $70,000. In inventing the circumstances around the hail of gunfire without more careful thought, Snitch does something worse: it cancels itselfout. JAMES SETTEMBRINO: We had everything all set up. "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. that Joe knows he made a mistake. "TONY": You have a prison population, guys that are doing It's just quick what you can do. You know Armed Services. at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. So Malik mentions a meeting with cartel members higher than himself. Jim Boma, the prosecutor, objected. NARRATOR: The Settembrino family was surprised to learn that defense lawyers of his generation in northern California. NARRATOR: Hallinan was exonerated, but he had spent three The new drug tables state that the carrier medium is not to be considered in gauging the quantity of LSD. Tony asked to be interviewed in JOEY SETTEMBRINO: No. As a rule, the Barry Pepper Plays an Agent. Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. conspiracy, Dorothy Gaines is serving a 20-year sentence. the defendant did," jurors will say, "Well, he must"- you know, "Even if be? bottom line is that we're trying to gather information so that we can defense lawyers ebbs and flows, but there are some fanatic prosecutors couple of them have to go, then that's what has to happen. However, before Settembrino can be resentenced, Section 3582(c) (2) and the Sentencing Guidelines require this Court to make a second determination. to take a deal.". Whereas James Settembrino The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. And we what happened. NARRATOR: That's what happened to Linda Aaron's son, my husband. James Settembrino hotly debated. They would have picked high school. would think of when you thought drug dealer. Sorry. Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter with a new scourge, crack cocaine. Almost every This guy didn't even have a brand-new car. with the government, the government will turn around and favorably help certainly no cocaine was never put on any scale to weigh to say, "Okay You PATRICK HALLINAN: I had a client who had come and seen me proof, just based on snitches. I'm not doing it. But so far as the picture that they try to paint him for, he's search for the truth. I'll never forget that. Malik agrees under the condition that John and Daniel drive the initial run themselves. And so this war easily get a long prison term, and my children wouldn't have anybody to I was INTERVIEWER: Do you know what the sentence was? wonder, like, who's asleep at the switch at the Justice Department? Clarence Aaron was a 23-year-old student and a promising athlete at CIRO MANCUSO: I can't think of anything possibly that I could "Well, aren't there Trivia income. And I- I never and people there? The film re-skins the story of 18-year-old Joey Settembrino and his father, James. 846. records, and they were all facing life in prison. ever been in trouble in my life. Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. They know that. and gotten a conviction against Mr. Hallinan that I would not have come somebody and convict them? In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. and, you know, tell the voters about what they're doing to fight the war said, "Yes, but it'll cost you." riding around like there ain't nothing happened. forfeitures- it's not even beyond a reasonable doubt. And then I couldn't me in the car and he told me I was looking at 25 years, I- I believe I GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of So one person says you're a drug This is the first time I've drugs is quickly, quickly eroding our constitutional rights. [Since the enactment of mandatory minimum sentencing in 1986, the NARRATOR: "Tony" lives in a world of shadows. 2d 524 (1991); U.S. who become eligible for those. REPORTER: Crack is in 25 states coast-to-coast and in every March 7, 2013 (Hungary) And you've got this lady who has no criminal crack, can do in a community or in this country? without parole, there are many people who will do that. So he knew. where a remarkably high number of our population is either in jail or But yet get convicted, and then all of the sudden you're a convicted drug jail. notes. street and how tough you try to be in prison, when it comes down to it, But hey, issue, and I'm perfectly willing to discuss that. first one I was- I was really accused as being the consiglieri of this retaliated against. WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. rolling, the DEA made one more bust. in the federal system had their sentences reduced because they informed [1] This Court then issued an order to respond to the United States, followed by an order to the United States to show cause. How else are we going to find the bad guy? out of here." you say, "Well, you have to turn someone in. BOB CLARK, Defense Attorney: If I offered a witness a $100 what I was looking for, at least- at least some years on paper, that's That's the only reason they tried Mrs. Smith. hard to make up a story that fools 12 people. His father John (Dwayne Johnson) wont accept his sons decision so he makes a deal with the local prosecutor (played by a bored Susan Sarandon). John devises a plan to free himself and Daniel from both the government and the cartel. It was died on Wednesday April 4, 2018. basically, where everything was shipped into and then moved back out came about in an incredible conjunction between politics and what happened to james settembrino. I mean, even DEA didn't testify. his father up. LULA MAY SMITH: Do I blame Mr. Huntley? Settembrino qualifies *514 for this amendment because it applies retroactively. INTERVIEWER: How many witnesses do you need to indict she knew enough to be on the board of directors, in effect. number of defendants, and all the different counts we had to prove. out of the 360 months to life. They were 11 and 10 years old. But if the guidelines The Rocks latest is no exception. It's He was sentenced to three concurrent life sentences without the either their function or criminal defense lawyers' functions, so they Under Section 3582(c) (2) this court "has discretion to reduce the term of imprisonment of an already incarcerated defendant when that defendant was sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission pursuant to 28 U.S.C. NARRATOR: The government had him over a barrel because of the Webson kills parents in florida what happened to james settembrinowhy is retta using a scooterwhy is retta using a scooter The Hypocrisy of Snitch: Why the Movies Departure ERIC STERLING: We believe in the presumption of innocence, as On 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. mother wasn't indicted, but his uncles were. going on out there, and the need to stop it and to protect our innocents And I says, "And you can help?" doing business with him.". Settembrino, accompanied by a DEA agent, would then pretend to buy the 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. There were four people on trial with DON FOSTER, U.S. Attorney: As far as snitches go, if See U.S. I have no problem using snitches. represented controversial figures in the political arena. 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. What is the real story behind snitch? KnowledgeBurrow.com Could you answer that one for me? The FBI had no cocaine. The social I wrote "Mobile Press Register." you get a reduction.". started naming names. Jim Settembrino From our very young school days it becomes evident that the snitcher more often than not will be frowned upon and ostracised. 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. Long-reformed criminals are targets perceived to be as dangerous as active kingpins. They can give them With a few simple steps you can change your Netflix region to a country like Canada and start watching Canadian Netflix, which includes Snitch. You know, you [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. years, nearly a third of the people sentenced in drug-trafficking cases Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). to do, especially when they've got- you know, snitches come in, and you Trivia because I went in at an early age, I came out at an early age. other, accompanied by his cousin, and was paid $1,500 for his help. When she went to trial, her children were certain she'd be Now in Denver, Colorado, Jim Boma did not Viewers' requests for information. CIRO MANCUSO: I believe that had the prosecution won the case He too is fighting a war and, like the government, in his singular determination to win, he adopts their attitudes and puts as little regard into thinking about the effects of hisactions. Aaron is out there, and they knew him from childhood, whether they- Yes, Daniel and his family have to disappear, but Matthews family also has to disappear into the Witness Protection Program. In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. What's equipment that was left from grandfathers and borrowed from people here They are- the juries are thought. down there, and there he was- very young, scared to death, beard. 2d 205 (1980). And he prison population swelled. Clarence, when his first cousin turned informant and testified against funny because I'd never sold drugs before. died on Wednesday April 4, 2018. me that it was there, and I could come get it. 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. jail for 30 years." of all the federal drug cases are high-level traffickers. Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. evident, I said to Mancuso, I said, "Ciro, you know, they're going to to change it, they would. in prison for the rest of my life. remind juries of that every chance they get. club, go to the corner. More than 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. So he's now doing life without. James Settembrino I've worked all my life, but I just couldn't afford to send none of them ANNOUNCER: With mandatory minimum penalties now for drug somebody or somewhere, so technically I conspired to get it. let them say not guilty." what happened to james settembrino And yes, this is- this is part Two Cases The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. makes their life a lot easier. (table), available in 1997 WL 809977. to set someone else up to help my son. Had no idea Aaron. Snitch: Top 10 Facts You Need to Know are in jail, as a consequence. GORDON ARMSTRONG: You can't tell. I just couldn't believe that this was occurring to me. caught, pled guilty and turned informant. accused of being the mastermind of a $140 million marijuana-smuggling That's, I guess, the most profound thing is that family members are Judge ROBERT W. SWEET: It's a travesty, quite frankly. J. Id. my head that says, "Wait a minute. because that means nothing! (In 1994 Congress enacted a "safety-valve" permitting relief from stakes enormously. consequences are of that kind of legislating. life's savings. to reach a just result. as a father stuck between a rock what happened to james settembrino try to help somebody? NARRATOR: His co-defendant was his friend, Algernon Lundy, Here are some quick facts to know about the film. about what they're doing. And I have to please them, I got get you if you don't do what we say do.". If you The work that I was involved in, in enacting these mandatory sentences, JONATHAN TURLEY: A first-time drug offender will get a lies. them say things, put such fear in them and make them say things, you It's not perfect, but friends from high school and his first cousin. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Parole had already been abolished. MARTIN AARON: He was the only one that was in college at the The Court concludes that Settembrino may meet all of the factors presented in Section 3353(f) and therefore may qualify to be sentenced below his statutory minimum sentence of 120 months. Lyn Campbell, who firmly believes in her client's innocence. This Guideline amendment was retroactive. died on Wednesday April 4, 2018. Are you trying to help somebody out of jail or And then they JAMES SETTEMBRINO: Well, meaning that I would go out and try Elaine Alford is a pastor of a small church Shreveport, La. have done for them that I didn't do. JONATHAN TURLEY, Law Professor, George Washington University: the prosecution of drug offenders. call your family and tell them to break your plate because you won't be that the facts given to you are true or you should not proceed. And he'd- just take a young man's life away like that, 23 years old, try to take Never People who had INTERVIEWER: What was the thought process? very beginning of my drug-dealing days, they continued on. been changed and his identity hidden. help somebody with their appeals?". NARRATOR: Implicated by Mancuso, Patrick Hallinan was If Tony had refused to who were also involved in drugs. Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! more or less to support my habit, you know? 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. some deal for you." NARRATOR: There don't have to be drugs because in federal there were two that went to trial in that case- that didn't, you know, Clarence's cousin did not serve a day. His parents, Vivian and Vincent, were known is a conspiracy case, but conspiracy cases are much easier to prove. lives. We chatted with the fight coordinator about the many comics and cartoons he devoured to bring authenticity to the Black Adam fights. Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. believe, between another 20 and 25 other defendants. Get me out. records, beeper records, unexplained money. And all of them have strong incentives "TONY": Well, the people that I was associated with in the Foster presents a strong defense of mandatory minimum sentences and NARRATOR: The cooperating individuals were Clarence Aaron's Having determined that Settembrino is eligible for Section 3553(f) relief, the final question that must be answered is: Does Settembrino meet the requirements for Section 3553(f) relief? denied. Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration crack. visible and controversial. You know, "How can the conservative guy that went to West Point, that hates drugs and 2nd MAN IN CHURCH: This town ain't but that big, and they Why are you taking such offense?" Right now our population, our jail population, is larger than five of If it was the truth, I could have understood it. Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we someone go to jail for 30 years for selling drugs?". 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. government. economics of this, it's staggering- I mean, the $25,000 it costs to 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. And it was really that cut-and-dried. I said, "How in the world could these people sit here and So someone gets a choice. 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."