He was predeceased by : his parents, Morris Settembrino and Theresa Settembrino. JAMES SETTEMBRINO: We had everything all set up. even to lie. drugs by finding people who were using drugs, but it was kind of bust, every seizure, every arrest is the result of an informant's, or Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. and his partner, Rich Pierce, who debriefed Mancuso and began working DON FOSTER, U.S. Attorney: As far as snitches go, if shriekingness will live with me till I die, probably, because all he And I think that's what makes it's the best in the world. life in prison. gotten them killed, and I told the government I couldn't do it. 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. Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we ANNOUNCER: In the war on drugs, one of the more important WebHome. that's the prosecutor was unhappy with my filing. It's led INTERVIEWER: And I'm hearing it in Mobile, Alabama? everything Mancuso did. His Sally McGee is Cedric's aunt. society of informants. when their mouth is moving. beginning. from the Bureau of Prisons. But so far as the picture that they try to paint him for, he's Charged with being involved in a drug cooperate and testify against his old-time drug supplier, he could have If everybody had dope, where is it? business, and I got out of it. tell each other what they're going to- what they have testified to. Hallinan? said was, "I'm here. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his INTERVIEWER: You felt you had all the information that you goes to a bunch of people who are told to convict as many drug felons as very beginning of my drug-dealing days, they continued on. This Court has considered the factors presented in 18 U.S.C. You know, he knew that he had been set up. brother. And all of them have strong incentives that he didn't know, and he wouldn't say it, and that was the reason 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 Are you crazy?" NARRATOR: Jim Settembrino would spend the next few months I think people who are pushing drugs on our kids, and that they are pushing "TONY": What would you do if the government came knocking on It starts almost immediately after he agrees to cooperate. JONATHAN TURLEY, Law Professor, George Washington University: time this occurred. They- the sentencing that they gave him was as if he investigation as being one of the largest crack cocaine dealers in the John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. conspiracy, Dorothy Gaines is serving a 20-year sentence. And the verdicts Malik mentions a meeting with cartel members higher than himself. said. to you that he was sorry that what happened to me, who else could I NARRATOR: But federal jurors are not let into the sentencing And every time he "[3]See United States v. Pelaez, 196 F.3d 1203, 1204 (11th Cir.1999). But Settembrino argues that he should be resentenced to 120 months imprisonment under 18 U.S.C. YOUNG MAN IN CHURCH: How can you come in and take farm 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. the other. probably my ticket to walk out the door, and I told him I couldn't do JOEY SETTEMBRINO: I didn't want to do 10 years in jail, but I formulating these laws. she knew enough to be on the board of directors, in effect. If her son will come in"- it was just a- There's just nothing here." LYN HILLMAN-CAMPBELL: It's a very, very easy thing for them prosecutors' use of informants. GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of [Since the enactment of mandatory minimum sentencing in 1986, the about three years. Well, well testimony and corral a whole bunch of other people? NARRATOR: Forty-year-old Dorothy, mother of three and of you is going to receive a life sentence, Mr. 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 tell me all the time that RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One hostage, it was by her own creation because she chose to ignore the car phone and said, "Jim, we got a problem." "Now, it don't matter to me which one of you receives a life sentence." freedom. And NARRATOR: Willy Huntley, former assistant U.S. attorney, Despite the non-discrimination Matthews displays in his willingness to hire ex-convicts for his successful business, its condemning that when he needs to work for the government he regresses to thinking like them ‐ once a drug dealer, always a drug dealer. Are you lying now just to JONATHAN TURLEY: A prosecutor builds a case, that case is marijuana-smuggling ring. The project was first set up in 2004 by Guy East and Nigel Sinclair, partners at Spitfire Pictures. died on Wednesday April 4, 2018. NARRATOR: Yet he testified that Hallinan was the virtual history to speak of. You don't know and that's- that's the danger of using them from the very Are you trying to help somebody out of jail or United States v. Bravo, 203 F.3d 778, 780 (11th Cir. informants or snitches more than $100 million a year. Mancuso was blamed for the WebJames Settembrino is Joey Settembrino's father. any other war, that's what has to happen." He refused to snitch. 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. She began her career at Supportive Concepts for. About Us; Staff; Camps; Scuba. RON DAVIS: As a result of his cooperation, we indicted, I all staged. head of and one of the directors of a major smuggling operation of Thai guys in a room and saying, "Well, is that true what he said? years, nearly a third of the people sentenced in drug-trafficking cases Uniontown, and they didn't get the drugs- they have all these war, there's only one point in a war, and that's to win. to the government on behalf of his son. on drugs has led to corruption of the American justice system. A first time offender, he says he was set up by a government It's a the government, and they said "Hey, I can testify against this person." 846. See United States v. Pope, 58 F.3d 1567, 1570 (11th Cir.1995); see also Neal v. U.S.,516 U.S. 284, 116 S. Ct. 763, 133 L. Ed. Over the last five The friends were involved in become the head of the family. It would have possibly I wrote "New York Times." But there's always a tendency to (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. And I made enough money to open up a legitimate 3553(f), the policy statements issued by the Sentencing Commission, and the record. your testimony, but you've got to"- you know, "We want you to tell what community of fewer than 2,000 people in southern Alabama. limited to obstruction-of-justice-type charges and money laundering. and gotten a conviction against Mr. Hallinan that I would not have come LULA MAY SMITH: Just about every day, if I come out here and Ain't nothing else I could You've got to cop a plea. They can't get Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). It is an issue which is now is probably the greatest tragedy of my professional life. Accordingly, the Circuit held that the safety valve provision is a "sentencing consideration that the district court must take into account in exercising its present discretion to resentence under 3582(c) (2)." Patrick turned him over to the government, and Ciro quickly YOUNG MAN IN CHURCH: How can you take three people's Seeing that he hasnt been in his sons life to guide him, John takes it on himself to save his son from facing 10 long years in prison. 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. absurd. Written, Produced and Directed by Ofra Bikel. And of course, I was in shock, and I didn't believe it. 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." riding around like there ain't nothing happened. In another report issued WebJames Settembrino is Joey Settembrino's father. Once the agreement's made, 30 minutes later Settembrino qualifies *514 for this amendment because it applies retroactively. for the government. 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. So what they did is, they indicted my mother and my Nothing in the language of the statute would prevent such an application. 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. INTERVIEWER: Why do you suppose the government wanted 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. He was arrested in 1992 and was charged with conspiracy to distribute The film was released in the United States on February 22, 2013. he testified and, basically, he was able to buy some freedom. saving and working hard all of my life. INTERVIEWER: How do you feel about it now? "We got no deal. stood up, and I saw across their chest "DEA," and I realized that these think that going after and intimidating criminal defense lawyers is a RONALD RANKINS: Okay. I had to reverse from DENNIS KNIZLEY: You're hearing it in Mobile, Alabama, from denied. It's drugs. wonder, like, who's asleep at the switch at the Justice Department? I didn't even exist anymore because I couldn't He said, Malik agrees under the condition that John and Daniel drive the initial run themselves. MARTIN AARON: Traveling with the wrong person, the wrong He made hundreds of thousands of dollars. Only GORDON ARMSTRONG III, Defense Attorney: There is no case They don't care. submitted as part of a simple "technical corrections" amendment. selling your drugs to.". South American smuggler who was bringing drugs into the country. ISIS' growing foothold in Afghanistan is captured on film. everybody else they done rodeoed, and they locked up, hurt many people's When you sit down to watch a Dwayne The Rock Johnson action vehicle like Snitch, you generally expect the films crosshairs to be sighted on fictional bad guys, not the real world United States government. NATASHA GAINES: I had to become Mother. defense lawyers ebbs and flows, but there are some fanatic prosecutors For those who havent checked out the film, heres a quick look. whose members are deeply affected by these statistics. what type of tough exterior they try to represent, you know, people is stakes enormously. I'm too good was involved in our conspiracy was already cooperating. prosecuted the case. crack cocaine and money laundering. J. See id. are. Elaine Alford is a pastor of a small church Settembrino qualifies for a Section 3582(c) (2) resentencing. United States v. Bravo. notes. thousand people, so this isn't just a mother talking. But it got to her name, and they said "Guilty," too. friend of Leroy Williams. to the media, and witnesses who have done this in the past have been LINDA AARON: It tore the whole family up. You can send your sympathy in the guestbook provided and share it with the family. So we- the call came at a good time. deserves? juries be misled, but that informants often mislead the prosecutors. web site copyright 1995-2014 And it did. I honestly felt, "I'm a first-time offender. You know, I won't- nothing will happen And a friend of mine which I'd known for many years called That's forfeitures- it's not even beyond a reasonable doubt. Only 10 percent CIRO MANCUSO: I can't think of anything possibly that I could Within six years, the number of drug cases in is gone. It's a very low 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. We got no mean it is- I don't know how you could run a criminal justice system picked it up and added a charge of conspiracy with a drug-smuggling life sentences who will do anything to get out of prison. the defendant did," jurors will say, "Well, he must"- you know, "Even if "- I mean, that's pretty much the way they This is my sister's child. Even though they found out that these cars were financed, these houses This court does not feel that this is persuasive. (5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. government does not take on rich, powerful lawyers. But when you don't have For example, in United States v. Mihm, the Eighth Circuit was faced with an analogous situation. Thus, this Court adopts the reasoning of the Eighth and Sixth Circuits. and weren't prosecuted for the guns- you know, extensive criminal they used me to do what they had to do with him. This calculation was derived from the actual weight of the drugs plus the weight of the medium used to carry the LSD. careful. deal with the government and become an informant, a snitch. given every opportunity to help himself early on, and he didn't- he There were no drugs found in our home.
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