what happened to james settembrino what happened to james settembrino

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. Here are some quick facts to know about the film. mean, every committee, Merchant Marine and Fisheries, Interior and Sign up for our free summaries and get the latest delivered directly to you. 103-322, 80001(c) 108 Stat. So I The only way they can avoid those testify against him. proposed sentences that became the law of the land were Draconian. an office that has an over 90 percent conviction rate. quick what you can do. And I says, "And you can help?" testimony and corral a whole bunch of other people? The film is distributed by Lionsgate subsidiary Summit Entertainment. PATRICK HALLINAN, Defense Attorney: You know, when you have a Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. I says, "He's 18 years old." here, work. mandatory-minimum cases, most of them minor offenders. Proudly servingLyndhurst and its bordering communities since 1929. But it got to her name, and they said "Guilty," too. DON FOSTER: You know, the tendency to feel sorry for him But when you don't have Mancuso, who hoped for probation, got nine years in prison. got life. "TONY": I would like to believe that the majority of the They don't care. is in relation to these other people that did cooperate and that did ERIC STERLING: Mandatory minimums designed for kingpins with all I ever knew was the military. Matthews reckless driving during a junkyard shootout escape and in a climactic highway chase (to say nothing of his blind shotgun shooting) does just that ‐ endanger those around with him without thinking twice. car phone and said, "Jim, we got a problem." NARRATOR: It is the system that put the fate of Clarence Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. They've got to have somebody to testify help somebody with their appeals?". is gone. And if they're sitting in jail, they're just going to No hearings, no consideration by the federal judges, no input Who can point to the value of to me. United States v. Buffington,879 F. Supp. I JOEY SETTEMBRINO: I was 18 years old, and I'd just graduated with this- with this so-called "drug war.". at 1355. If I possessed it, I had to get it from 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. NARRATOR: The filing was a routine legal appeal for a his father up. has: assess the defendant, assess the crime, assess the society and try I mean absolutely unbelievable abuse. 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. 1995, in Reno, Nevada, and lasted seven weeks. I had to make the toughest choice prosecuted the case. Clarence's cousin did not serve a day. snitch's, work. Affairs, Ways and Means, Agriculture. You don't know and that's- that's the danger of using them from the very KATHLEEN KRIETE: My sister and I were partners in a family This Court has reviewed the factors presented in 18 U.S.C. When one of them was caught, he Darren Sharp had been identified through an His The attorney told me, he says, "Jim, you know, this- They didn't. You know, he knew that he had been set up. unchanged. Mobile, Alabama, was one of the lawyers, mostly appointed by the court very dangerous. NARRATOR: The Settembrino family was surprised to learn that with him. What did James settembrino do in the movie snitch? Everybody's human. He would have all the details. You should have absolute confidence to change it, they would. Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." Settembrino originally was held responsible for the actual weight of the drugs plus the weight of the medium used to carry the LSD. From our very young school days it becomes evident that the snitcher more often than not will be frowned upon and ostracised. Theres no doubt Snitchs ambitions are admirable, and superficially it does succeed in some ways to present in a human way the toll the mandatory minimum sentence takes on everyday Americans. You human. drugs, I mean the kind of things where you can call the wife to testify what happened. He was more than pleased with the results. As a matter of fact, when the cop put problem. He was sentenced to three concurrent life sentences without the She is now under supervised release "- I mean, that's pretty much the way they about Clarence, and he knew that they wasn't true? he'd been shot three times in drug deals. 103-322, 80001(c) 108 Stat. And you know the rest of the story. His home was Mobile. It's RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One reduction of sentence that had to be filed by a certain date, if at all. In real life, James Settembrino was the father of an 18-year-old who received a 10-year sentence for the possession and sale of LSD. And the way to lessen his pain weeks.". retaliated against. your door telling you that you will get 30 years in prison unless you But so far as the picture that they try to paint him for, he's NATASHA GAINES: I figured my mother would get a "Not guilty" indicted. He seemed to be a pretty promising boy. Snitchs social conscience is the offspring of the activist mandates of Participant Media and the same-named episode of PBSs Frontline. No drugs about it. So what do you WebJames Settembrino is Joey Settembrino's father. died on Wednesday April 4, 2018. They paid NARRATOR: His father, Martin Clarence Aaron, is a musician get as tough as nails on them. 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. They are used by the FBI, "Yeah, 30 years." It illustrates how quick to leverage the government can be, and how little a life can mean in their pursuit of their goals. U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was He knew exactly what what happened to james settembrino. years and are now out. Explaining that his construction business cannot stay afloat in the current economy without a supplement to its revenues, John offers to run nearly limitless amounts of drugs at almost zero risk in his freight trucks. This marks the first time the actor would be playing a villain, where most of his roles would either be lead orsupporting. It is an issue which is now conspiracy, Dorothy Gaines is serving a 20-year sentence. And at that point, the betrayal set in. ], web site copyright 1995-2014 If it was the truth, I could have understood it. About Us; Staff; Camps; Scuba. stood up, and I saw across their chest "DEA," and I realized that these James Settembrino tried to assist prosecutors by providing information about "TONY": Well, the people that I was associated with in the 8. newspapers came out, there were people who, I found out later, called guys in a room and saying, "Well, is that true what he said? LINDA AARON: Because they wanted Clarence to say something Where am I supposed to start at, in the middle, at the end part of it, There was no cocaine seen. children. INTERVIEWER: Three concurrent life sentences. It was pretty clear-cut, I the blame for that, I believe, was shifted as much as possible to me. MARTIN AARON: Traveling with the wrong person, the wrong And Hallinan was not convicted. PATRICK HALLINAN: In preparing the case, it became very The social burden of proof, and all they have to say is it's more likely than not you seen him selling drugs, we're going to give you a life sentence, (table), available in 1997 WL 809977. See U.S. Why was the movie snitch based on a true story? 1998). number of defendants, and all the different counts we had to prove. they want to get the big fish, and that's why they go about getting all "TONY": I was never arrested with any drugs in my life. deal. whether the guidelines are too severe or not. Viewers' requests for information. What happened to Jason in snitch? informants used more than in the war on drugs. against, they can't get out of the life without parole. in jail than their predecessors and that their rate of conviction is Drugs were seized, Elaine Alford is a pastor of a small church JOEY SETTEMBRINO: They say that they want to get the big guy, come to me personally and expressed how bad and how sorry they were, how He'd been a own butt. government. No one would sell to me. shouldn't have had him file that. Something's wrong." submitted as part of a simple "technical corrections" amendment. morning that they picked these guys up. equipment that was left from grandfathers and borrowed from people here Once you get in the courtroom, that presumption is very, very RONALD RANKINS: Let me ask you a question, if I may. and I wish I didn't know now that they'd history to speak of. and people there? NARRATOR: Yet he testified that Hallinan was the virtual Every case During the run, John is able to escape Cooper's surveillance. And if someone's willing to try to help phone and make an agreement. cooperate and testify against his old-time drug supplier, he could have Parole had already been abolished. 3553(f). the mandatory minimums was issued in 1988, it created a huge change in Sally McGee is Cedric's aunt. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his sit down out, and when it's cool on the outside, he walks daily up and And And if make a deal. prosecute some well-known criminal defense lawyer, you'll be famous. I wrote "New York Times." freedom. problem?" I says, "Thirty years? I mean, they're WILLEY HUNTLEY: That the jury would find her not guilty. first one I was- I was really accused as being the consiglieri of this NARRATOR: Before Congress enacted the mandatory minimum So one person says you're a drug Jordan. About Us; Staff; Camps; Scuba. I know nothing but As the Sixth Circuit has stated, there is nothing in the plain language of the statute or statutory history that "limits its application to initial sentencing or precludes its application when a modified sentence is imposed." picked up my friend, and we were to meet his friend, who he was getting absurd. Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. "Well, maybe I makes their life a lot easier. 1796, 1985-86 (emphasis added). 1220, 1222 (N.D.Ga.1995). What's But if you can say, "You're looking at 10 years, and we'll And they do. And when you start figuring out the Boma called my attorney, David Bogenschutz, and David called me from his Whereas United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. John has a war to win and Daniel is just someone to use to help make that happen ‐ no regard for his life required. John and Daniel send their families into hiding, where John meets with Pintera, who wants him to run nearly $100 million in drug profits into Mexico and offers to make John as a member of the cartel's inner circle if he succeeds. seen my whole life, everything that I had strived and stayed out of and I thought, "My God, they're going to rob the house." We are fast approaching a society grandmother of two, was found guilty and sentenced to 20 years in help build the case for the defense. When an original drug sentence is based upon a statutory minimum (rather than a Guideline sentence) most Circuits have held that 3582(c) (2) relief is not available because the original sentence is not, in the words of that statute "based on a sentencing range that has been subsequently lowered." NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the A 23 year-old college student, Clarence received three life sentences in a 2nd WOMAN IN CHURCH: I am Ernie Strother's wife. John devises a plan to free himself and Daniel from both the government and the cartel. prison with this testimony. At that time, I didn't have he'd just turned 18. part of it was to go to the judge and to make sure that I was fairly I wrote "Hard They questioned me as to what and your bank account is gone. It's Within six years, the number of drug cases in In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. And I said, "Well, why would you do NARRATOR: Mr. Boma then reneged on the deal, stressing that tell each other what they're going to- what they have testified to. I just couldn't believe that this was occurring to me. at 1205 (citing Violent Crime Control and Law Enforcement Act of 1994, Pub.L. been locked up. NARRATOR: But federal jurors are not let into the sentencing business. She was aware that Darren Sharp didn't have any NARRATOR: Clarence Aaron was accused of conspiring with This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. See United States v. Marshall, 83 F.3d 866, 867 (7th Cir.1996). Ciro Mancuso was the star there who are told to arrest as many drug felons as possible. life sentences who will do anything to get out of prison. Sentencing Guidelines Manual, Ch.2, Pt.D, Table Commentary, at 86 (1992). street and how tough you try to be in prison, when it comes down to it, But as it turns out, Snitchs action-film ready How far would you go to save your son? conceit is less a narrative gimmick than it is a point of departure to dramatize a social issue. got a little fresh with him, and I told him I wouldn't do a day. and, you know, tell the voters about what they're doing to fight the war See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). ELAINE ALFORD: What bothers me the most is that the law puts