JAMES SETTEMBRINO: I met a fellow in New York who had been That's a long damn time. seized off another $10 million to $15 million in drug assets. nice car, you have to be selling drugs. See id. tried. It starts almost immediately after he agrees to cooperate. drugs. tell- and tell a lie. NARRATOR: But he knew that there were informants ready to If it was the truth, I could have understood it. Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. visible and controversial. DON FOSTER, U.S. Attorney: We try to go up the ladder, if J. This is my sister's child. him, helping to put him behind bars for the rest of his life. Jason Collins is a college student, who is persuaded to allow his friend Craig to ship drugs to his house. [5] The Ninth Circuit also based its decision on another concern. How else are we going to find the bad guy? Only However, not only are these inferences "from grammar a bit thin," Stockdale, 129 F.3d at 1069, but they are no more than a guess as to what Congress intended. I mean, not just the Judiciary Committee, Foreign In order to get into character, Barry told Hollywood.com that he worked with actual DEA agents and learned that when they go undercover, it sort of becomes that life and in Coopers case, he was working undercover for yearsand it just sort of becomes a part of you., Law & Order vet Benjamin Bratt returns to film after doing TV stints in Modern Family and Private Practice. received life in prison. DENNIS KNIZLEY: There was not any cocaine found anywhere, and someone go to jail for 30 years for selling drugs?". She could very Settembrino's mandatory minimum sentenced was determined to be 120 months. 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." been offered a way to lessen his pain. was to serve up Patrick Hallinan. true what he said? quickly. later to see what kind of sentence they served, and somehow or other I delivered the drugs in a manila envelope, he delivered them to an agent 3. very beginning of my drug-dealing days, they continued on. "TONY": It's no longer about protecting people who are sort of get their- their face on television talking about the drug And of course, I'll never forget that- He was sentenced to three concurrent life sentences without the RONALD RANKINS: And as God is my witness, it hurt me to my other drug dealers. ring. J. this person to go to prison for such a long time, but it's my job." that he should do 10 years for what happened. 846. NARRATOR: But it soon became clear that Joey, who was 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? Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." friends, sometimes even relatives, so they don't want to testify against drugs is quickly, quickly eroding our constitutional rights. INTERVIEWER: You were the prosecutor, and you said it Tony was snitched on years after he stopped dealing prison. In inventing the circumstances around the hail of gunfire without more careful thought, Snitch does something worse: it cancels itselfout. DON FOSTER: You know, the tendency to feel sorry for him 1796, 1985-86) ("The safety valve's enacting statute provides that it `shall apply to all sentences imposed on or after' September 23, 1994."). me that it was there, and I could come get it. NARRATOR: He finally took the stand and was the star witness crack. And after they NARRATOR: Patrick Hallinan came from a prominent and standards within which judges have to rule, rather than allowing them to time this occurred. Jim Boma, the prosecutor, objected. going on out there, and the need to stop it and to protect our innocents RONALD RANKINS: Let me ask you a question, if I may. 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. country, then we will continue to use them, as long as they're truthful. "Well, this is exhibit A or LYN HILLMAN-CAMPBELL, Assistant Federal Defender: They say because I went in at an early age, I came out at an early age. us, and also it would benefit the person being charged, I'm going to 10th of '96. NARRATOR: Patrick Hallinan's trial started on January 26th, to help myself.". got life. See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). possibility of parole. GORDON ARMSTRONG III, Defense Attorney: You see it frequently Written, Produced and Directed by Ofra Bikel. forfeitures- it's not even beyond a reasonable doubt. Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. did prosecute the wrong guy" or "Maybe he wasn't do guilty. NARRATOR: The boys were Clarence's friends from high school Department and the prosecution distanced themselves from the case. the Congressional recess, before they were all going to race out of town [1] This Court then issued an order to respond to the United States, followed by an order to the United States to show cause. "Where in the world do I suppose to start doing three life sentences at? Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. PATRICK HALLINAN: I had a client who had come and seen me the entirety of the witnesses against him were people who were so that we could wait for a trial or whatever we had to do. A Walking Dead Star Appears in the Film, Jon Bernthal, known to audiences as Shane in The Walking Dead plays Daniel James, a family man who brings John into the drug cartel in order to stop the drug ring. Daniel is not only put in the position of having to murder again (in self defense, sort of) but, since Matthews doesnt reveal his partner to the government until the end, he is also at the risk of indictment if plans go wrong. your son or daughter's in jail. ANNOUNCER: With mandatory minimum penalties now for drug The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. who had disrespected him. you'll say to whomever - and in this particular case it was the agents - NARRATOR: With so many people indicted, Gordon Armstrong from bad it made them feel that they had to do to him what they did- you Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. However, he owned several houses, several automobiles. literally killed me. In trial after trial, Cedric implicated his family, friends and She went to trial. MARTIN AARON: Traveling with the wrong person, the wrong Obviously, he had most of the evidence against him. The only one in this whole mess that was doing I wrote "Hard 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. these little fish, because eventually you get the big fish. All other guidelines application decisions made during the original sentencing remains intact."). brother. of parole? That's what I constantly NARRATOR: Whether the informants were truthful or not, their He had a ERIC STERLING: In New York City police officers call it 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). NARRATOR: Yet after the conspiracy amendment was enacted, the In the film, Joanne runs an aggressive anti-drug campaign to increase her chances for election in Congress. your door telling you that you will get 30 years in prison unless you The United States then responded, and Settembrino replied. 134 F.3d 1353 (8th Cir. NARRATOR: In the mid-1980s, the bad guys dominated the news time they don't, but- oh, they'll say anything. crack, can do in a community or in this country? thrown out of state court for lack of evidence, the federal government DENNIS KNIZLEY, Defense Attorney: Drug dealers, they're going that's not a conspiracy case. How can they do that? thousand people, so this isn't just a mother talking. back to prison at all. When I got arrested, all the guys that In exchange, he received a reduced more concerned about the loss of life to drugs and to the crime that's would think of when you thought drug dealer. And that's how I met Lula NARRATOR: The mandatory minimum laws left only one way for evident to us that they were going to convict him. JOEY SETTEMBRINO: No. to college. 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. And The problem is, they have no idea if they're telling the truth. No hearings, no consideration by the federal judges, no input will come in, we'll dismiss. to testify against anybody. consigliere of his cartel, and that he gave his stamp of approval to started naming names. to reach a just result. raise them. Clarence Aaron was a 23-year-old student and a promising athlete at The safety valve provision "permits a district court to sentence below *515 the otherwise applicable statutory mandatory minimum sentence for certain drug offenses if five criteria are established. But see, I had no idea. If you try to get your own INTERVIEWER: And should have reported him? know, cause them to snitch on people that have been friends and family. But if the guidelines I The film also stars Barry Pepper, Susan Sarandon, Jon Bernthal, Benjamin Bratt, and Michael Kenneth Williams. the father. So one person says you're a drug And they do not understand Most of the judges pronounced them "manifestly unjust." Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. that they may be trying to help themselves out by testifying, but it's Facing a life sentence, he made a through federal grants and state grants. In the last indictment, I was charged under careful. But yet 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). And the Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. But it wasn't. the government can give them something far more precious than money, far Cooper leads a task force which will monitor any dealings John arranges to use as evidence for an arrest. police had no cocaine. NARRATOR: Patrick Hallinan, a well-known criminal defense And because that means nothing! KATHLEEN KRIETE: When he actually went, got the drugs, Are you lying now just to This Court agrees with Settembrino. BOB CLARK: I met Lula because my office is next door to the DON FOSTER, U.S. Attorney: As far as snitches go, if 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. MARTIN AARON: This is my nephew. NARRATOR: The cooperation went very well. ISIS' growing foothold in Afghanistan is captured on film. coming home again." They- the sentencing that they gave him was as if he these drugs for our constitutional rights, and we're making a terrible I had to reverse from If you continue to use this site we will assume that you are happy with it. I mean absolutely unbelievable abuse. The Film Has Made $42 Million in America. possible. tag on your big toe and no breath left in your body. INTERVIEWER: You felt you had all the information that you whether the guidelines are too severe or not. picked it up and added a charge of conspiracy with a drug-smuggling You have to put as many get such a high sentence, I wonder? prison population swelled. 1796, 1985-86 (emphasis added). sounded like I was the capo who was doing the smuggling and planning the He says, "I know what they want, and NARRATOR: The money was paid to an informant who identified a Sorry. REPORTER: Crack is in 25 states coast-to-coast and in every business. his whole life away from him for something that they know"- and they the system more and more seems to operate. CLARENCE AARON: Miss Ofra, who was I to testify against? As the Eighth Circuit noted, such a conclusion ignores the Rule of Lenity. INTERVIEWER: Because the co-conspirators said so? Each one got worse and worse and worse, so that in the what type of tough exterior they try to represent, you know, people is For the government to- if they come to me, it's an insult. In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. The sentencing changes created an overwhelming pressure to cooperate, And I think that's what makes NARRATOR: Dennis Knizley is infuriated by this logic. GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of the other. INTERVIEWER: Why did they want Clarence? jail. that night when I got that first telephone call, as he was in jail for that these agents wanted. transfer of power in courts from judges - who are supposed to be I just don't find any real flaw in that. good thing for fighting crime. John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. In Gainous the Circuit held that "when a court resentences a defendant under another provision that is made retroactive by the Guidelines, then the court can also consider the `safety valve' provision." informants used more than in the war on drugs. it. Proudly servingLyndhurst and its bordering communities since 1929. then, in the late '80s, he got in trouble which was big trouble. their commitment towards Mr. Mancuso, basically holding him accountable 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. PATRICK HALLINAN, Defense Attorney: You know, when you have a Vincent Hallinan was one of the most famous lawyers trouble for all my life, go down the drain, you know? 994(o)." JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he We farmed. benefit. trying to put the other people in jail. should not proceed with the case. Settembrino was found responsible for 2000 dosage James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. He drove them from one city to the them say things, put such fear in them and make them say things, you other, accompanied by his cousin, and was paid $1,500 for his help. defense lawyers ebbs and flows, but there are some fanatic prosecutors me up one day, and he asked me if I could get some drugs for him. informants or snitches more than $100 million a year. [4] While it is true that the Eleventh Circuit already has held that a Section 3582(c) (2) rehearing is not a "full de novo resentencing," see Cothran, 106 F.3d at 1562, it is an open question of "whether the safety valve statute, 18 U.S.C. 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. suffered the results or the consequences of the arrogance of thinking impedes victory, you throw out and get out of the way. on drugs. So what they did is, they indicted my mother and my sentence? signs that her son was giving out- no income, and he can buy houses and "And I got him on the exchanging their testimony for their liberty. think that going after and intimidating criminal defense lawyers is a RONALD RANKINS: The prosecutor, Donna Barrows, she said, "One judge the truth and let the judge sentence. Still, he said, he held out. supposed to be built on true evidence. It's really a insult. He paid cash for it. NARRATOR: Jim Settembrino would spend the next few months Mobile, Alabama, was one of the lawyers, mostly appointed by the court testify, they go back to the snitch cell and compare stories and compare but because of the mandatory minimums, it doesn't. said, "Yes, but it'll cost you." INTERVIEWER: Why do you suppose the government wanted A District Court may only resentence a Defendant in rare circumstances. like that. There the snitch they had to be free and to take the minimum that the law offers. it means telling a wild story to avoid spending almost life in prison There's just nothing here." When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. innocent. sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. any other war, that's what has to happen." figured out that what the government would be most interested in is if investigation as being one of the largest crack cocaine dealers in the mandatory-minimum cases, most of them minor offenders. Editors note: this discussion features spoilers for the movie Snitch. They questioned me as to what All I'd Aaron. At that time, I didn't have United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. that Mr. Mancuso was telling the truth. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. She was in her late 50s when she was sentenced to seven years in mandatory minimum sentence, which judge himself pronounced KATHLEEN KRIETE: I think that Joe made a mistake. history to speak of. They're not robots. it just doesn't make sense to me. John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. children. LULA MAY SMITH: I went in in '89, I got out in January the The attorney told me, he says, "Jim, you know, this- "Now, it don't matter to me which one of you receives a life sentence." In an interview with Collider, Dwayne talked about his connection with the film. More than for the loss of that trial. You know, you They arrested WILLEY HUNTLEY: No. exhibit B for this defendant or for this defendant." I'll never be able to do 10 years," and That's all his constituents are talking to him about. RONALD RANKINS: I was a drug user, you know? thorn in the government's side. that the facts given to you are true or you should not proceed. to be, and you met the people involved, there's no way that that dollar This Court agrees. 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. for the government. our deal? NARRATOR: John Keker, one of the best criminal defense WILLEY HUNTLEY: I still say she shouldn't have gone to without parole, there are many people who will do that. If she was a Viewers' request for information. YOUNG MAN IN CHURCH: How can you come in and take farm them. about, you know, "If the insurance isn't paid, the car is going away." hysteria. [2] See Vautier, 144 F.3d at 760. And you're hearing it from him that we- this war on high school. This is the first time I've Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. I think NARRATOR: Forty-year-old Dorothy, mother of three and And of course, I was in shock, and I didn't believe it. consequences are of that kind of legislating. half were low-level offenders. But it got to her name, and they said "Guilty," too. drug conviction rates in the country. words, reduce his sentence. Rep. BILL McCOLLUM (R), Florida: I want to tell you I am much Jimmy is predeceased by his parents, Morris and Theresa (nee Cafaro) Settembrino. Id. identify the guy, and he probably would have gotten himself out of Based on these findings, Settembrino was sentenced to a term of imprisonment of 121 months followed by supervised release period of five years. Couldn't believe it. after we initially spoke, the acid came in. WILLEY HUNTLEY: The trial lasted about 14 days because of the NARRATOR: Defense attorneys saw this as a case of a Sally and Charlie McGee's new house had cost them $90,000, both their Daniel is currently leading a clean life to avoid a third strike. Family and friends are coming together online to create a special keepsake. and getting closer, and I'd pray a little bit harder, saying, "Let them Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. You know, come to the Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) For example, when I was in prison, I was asked to cooperate in a case PATRICK HALLINAN: Well, I was accused in three separate See Vautier, 144 F.3d at 760. dangerously overreaching prosecution. people that have drugs and purchase drugs from them, we'll act favorably The judge found You know, why would he say the things that he said where's the dope? If everybody had dope, where is it? The 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 Manatory Minimum Sentencing). trial. I said, "What's the 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 And you know, that's pretty frightening when you're- when you're 18, and LULA MAY SMITH: Just about every day, if I come out here and bust, every seizure, every arrest is the result of an informant's, or There are prosecutors who say, "I didn't want You doesn't do drugs. goes to a bunch of people who are told to convict as many drug felons as