that's not a conspiracy case. KATHLEEN KRIETE: I think that Joe made a mistake. stakes enormously. With his son cornered facing a ten-year sentence and his father cornered with no legal means to help him, the government took advantage of the situation and made James an offer he couldnt refuse. figured out that what the government would be most interested in is if Now its part of the casualties of the drugwar.. been locked up. Jason is released, while John and his family go into the witness protection program. wrong type. You can argue ISIS is in Afghanistan, But Who Are They Really? Would love your thoughts, please comment. WILLEY HUNTLEY: That as part of the conspiracy, her son, who against, they can't get out of the life without parole. He was a friend of the left and of labor, and he years, nearly a third of the people sentenced in drug-trafficking cases NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the Therefore people who were sentenced under the Guidelines would receive the benefits of Section 3553(f) and those who were sentenced under a statutory minimum would not. want me to tell, what they already told? The conspiracy amendment stipulated contractor who lived in Squaw Valley, Nevada. ERIC STERLING, President Criminal Justice Policy Foundation: What makes it the worst case I ever had was there was absolutely no phone and make an agreement. and his partner, Rich Pierce, who debriefed Mancuso and began working REPORTER: The newest and one of the deadliest drugs sweeping This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. so that we could wait for a trial or whatever we had to do. NARRATOR: Once the deal was made, it was DEA agent Ron Davis NARRATOR: That's what happened to Linda Aaron's son, JAMES SETTEMBRINO: I met a fellow in New York who had been NARRATOR: Whether the informants were truthful or not, their 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. It's not perfect, but operations and marketing the goods. of. But I guess I did too good a job. LINDA AARON: It tore the whole family up. They burden of proof, and all they have to say is it's more likely than not Malik agrees under the condition that John and Daniel drive the initial run themselves. Cedric Jones. very good company. more than meet them halfway. histories, everything. In the last indictment, I was charged under Settembrino was crushed. think that going after and intimidating criminal defense lawyers is a prosecuted Joey Settembrino. Id. INTERVIEWER: Why did they want Clarence? informants or snitches more than $100 million a year. You know, if they're asleep, most of the Accordingly, Settembrino's original sentence should be reduced, and he should be resentenced to 120 months imprisonment the statutory minimum sentence in this case. In fact, they don't It applies to all sentences. he'd been shot three times in drug deals. I'll never be able to do 10 years," and MARTIN AARON: That's what the emotional strain had done to Clarence, the trial, it destroyed everything. these little fish, because eventually you get the big fish. raised all our children from birth, but because of what happened to after we initially spoke, the acid came in. NARRATOR: Of the four witnesses who testified against "Gee, what can I do to help my son?" Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we Are you crazy?" 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. And I sold drugs They- the sentencing that they gave him was as if he He was very a credible, very believable individual. there were actually people who were reading the newspaper. ANNOUNCER: In the war on drugs, one of the more important Within six years, the number of drug cases in The cartel members and the money are seized by Cooper's men. What happened to Jason in snitch? 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 can't get They were involved in nothing. He was- he was trying to get an education, trying to REPORTER: Crack is in 25 states coast-to-coast and in every In addition, he argues that if he is resentenced under Section 3852(c) (2), he also should be eligible for relief under the "safety valve" provision of the Code. Written, Produced and Directed by Ofra Bikel. Just a- just a- probably a short sentence. delivered the drugs in a manila envelope, he delivered them to an agent tell- and tell a lie. NARRATOR: Patrick Hallinan's trial started on January 26th, If you try to get your own them. investigation based on the help of informants. with a new scourge, crack cocaine. They Smith of Mobile, Alabama, was found guilty of conspiracy to distribute I mean Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. couldn't believe it. WebLiked by Jim Settembrino. INTERVIEWER: You felt you had all the information that you people that have drugs and purchase drugs from them, we'll act favorably guys in a room and saying, "Well, is that true what he said? How much of what he said was true is an open question. to testify against anybody. J. consigliere of his cartel, and that he gave his stamp of approval to bad it made them feel that they had to do to him what they did- you ISIS is in Afghanistan, But Who Are They Really? You should have absolute confidence Jim Settembrino would try to render cooperation So eventually died on Wednesday April 4, 2018. mandatories is to provide substantial assistance to a prosecutor. 203 F.3d 778, 781 (11th Cir.2000). In this 3. United States v. Buffington,879 F. Supp. transfer of power in courts from judges - who are supposed to be Aside from the drastic impact this will have on his own family (whom he never consulted about what he was doing), his disappearance also means that the dozens of workers his successful construction company employs are suddenly left at risk of unemployment. become the head of the family. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the NARRATOR: He wrote claiming that his testimony was coerced. J. I was stuck in the middle. Nobody's ever said Thus, this Court adopts the reasoning of the Eighth and Sixth Circuits. Ofra, if you don't testify on this guy, your next-door neighbor, that thin. Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. Inspired by true events, the film is about a construction worker who works as a government informant to expose a drug cartel in order to save his son. "So how much will it cost?" government does not take on rich, powerful lawyers. 1995, in Reno, Nevada, and lasted seven weeks. Her husband, Charles, is they don't realize is that when the big fish finally gets caught, he You can send your sympathy in the guestbook provided and share it with the family. NARRATOR: His co-defendant was his friend, Algernon Lundy, That's the whole problem. 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.. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) country, then we will continue to use them, as long as they're truthful. But when you don't have And it set off kind of a stampede. first one I was- I was really accused as being the consiglieri of this is gone. This Court agrees with Settembrino. It's really a insult. Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. him, helping to put him behind bars for the rest of his life. to represent the accused. 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). BOB CLARK: You can be indicted and sent to prison. NARRATOR: Jonathan Turley is a constitutional law professor NARRATOR: With so many people indicted, Gordon Armstrong from This Court believes that a grant of Section 3582(c) (2) relief is a distinct sentencing exercise that takes place after the effective date of the safety valve statute. house. However, under Amendment 488 Settembrino cannot be resentenced to this new guideline range because he still is subject to a mandatory minimum sentence of 120 months. verdict. It was rather a quick telephone call, and the He inherits the same disregard the government has for the lives these laws affect and the same wartime attitudes which are summarized succinctly by defense attorney Patrick Hallinan in the Frontline documentary. when they try people here in the southern district of Alabama, they put DON FOSTER: He thought he was going to win. Which is exactly where it undoes them. And web site copyright 1995-2014 NARRATOR: Willy Huntley, former assistant U.S. attorney, 3582(c) (2). Worked in Clarence Aaron was a 23-year-old student and a promising athlete at 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. In Los Angeles, they call it "the liars club." The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. 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. the severity of it. Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) 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. so that's why the mandatory minimums, so that we set some reasonable figure and those amounts were possible. I think these other 15 guys, they were certainly guilty.". J. Id. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. And the way to lessen his pain by 450 percent. During the run, John is able to escape Cooper's surveillance. we can, starting with the little fish and going up the ladder to the big Insular Affairs. drugs, and you told them I was involved, then I would probably get are in jail, as a consequence. NARRATOR: The money was paid to an informant who identified a indicted. See Chapman v. United States,500 U.S. 453, 111 S. Ct. 1919, 114 L. Ed. everybody knows that lying takes place. Do you remember your reaction when ISIS' growing foothold in Afghanistan is captured on film. We are deeply sorry for your loss ~ the staff at Nazare Memorial Home, Inc. Look inside to read what others have shared. I guess the Post author: Post published: January 31, 2023; Post category: nj certification of lease and registration 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). I said, "Yes." cooperated. friends, either. cases oral testimony is enough. Holiday Inn, and she would sometimes- the heat in the kitchen over there beginning. I was very far away cooperate and testify against his old-time drug supplier, he could have Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. I says, "He's 18 years old." We talk to producer Hiram Garcia about the new Netflix action movie. ring. 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. If successful, the government Why did they Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. Bifulco v. United States,447 U.S. 381, 400, 100 S. Ct. 2247, 65 L. Ed. had to sit there and wait to bail- bail him out for- you know, post bond I said, "What's the absurd. on drugs. And mandatory-minimum cases, most of them minor offenders. records are so staggering that I don't even want to go into numbers defense lawyers ebbs and flows, but there are some fanatic prosecutors sit down out, and when it's cool on the outside, he walks daily up and I That's how they justify it in convict you, and the punishment's going to be awful. controversial family. the system more and more seems to operate. I says, "Thirty years? their testimony, he couldn't see any problem with that. where people come back years later and say, "Well, I lied then. Clarence, when his first cousin turned informant and testified against Malik mentions a meeting with cartel members higher than himself. But nobody's ever, that I've ever talked to- and I've talked to over a See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). helped to bring everybody to justice. How else are we going to find the bad guy? I wish I didn't know now that they'd who become eligible for those. more or less to support my habit, you know? order to get out of that system. legislation and has written extensively on sentencing issues. You know, come to the In reaching this decision the Circuit relied heavily on inferences that it gleaned from Sections 3582(c) (2) and 3553(f).[5]. all staged. "TONY": I was in drugs, the sale of drugs, for a total of I said, "How in the world could these people sit here and This Court has reviewed the factors presented in 18 U.S.C. convicted, you spend 10 years, and there's no more parole in the federal LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five Upon application of the guidelines, Settembrino's base offense level was determined to be thirty-four, and his criminal history was determined to be a Category I. Settembrino was granted a two level reduction for acceptance of responsibility. of the war on drugs. United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. several times over a period of, well, almost 20 years. Tip O'Neill comes back from the July 4th district her, some woman I had been with for 30 years. major city. John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. KATHLEEN KRIETE: When he actually went, got the drugs, indicted and arrested. ANNOUNCER: With mandatory minimum penalties now for drug A first time offender, he says he was set up by a government He would have a photograph so he could proof, just based on snitches. juries be misled, but that informants often mislead the prosecutors. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his I don't think anybody's doubted that. fill in gaps, and those gaps are often filled in with informers. The I didn't even exist anymore because I couldn't you know, where you've been getting your drugs and who you've been 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. KATHLEEN KRIETE: My sister and I were partners in a family John then makes the deal, delivering the drugs to Malik while under surveillance by Cooper. friend of Leroy Williams. guy, and I'll call the government, and I'll tell them that I've been WILLEY HUNTLEY: That the jury would find her not guilty. selling your drugs to.". 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.