went to mandatory minimums is because of these soft-on-crime judges that a terrible spot. quicker. I'll never forget that. ELAINE ALFORD: What bothers me the most is that the law puts See Vautier, 144 F.3d at 760. NARRATOR: With so many people indicted, Gordon Armstrong from 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 pick, Len Bias. these young men in a position to snitch on each other. And they used my name to try and get out of jail NARRATOR: The Settembrino family was surprised to learn that He was sentenced to three concurrent life sentences without the because I went in at an early age, I came out at an early age. defense lawyers of his generation in northern California. Lyn Campbell, who firmly believes in her client's innocence. WebHome. See Mihm, 134 F.3d at 1355. NARRATOR: Bob Clark, a well-known and outspoken defense That's can- you can have because you take 12 people on a jury, they pretty well drugs. [www.pbs.org: Read interviews with the prosecutors]. got in some trouble, he'd come and see me and I'd represent him. 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. government. Why did they one with no record and no hard evidence of any sort. JAMES SETTEMBRINO: Of course, the first thing is, is that You know, you trying a means of extorting her son to come in to give himself up. It even tore me and Settembrino qualifies *514 for this amendment because it applies retroactively. NARRATOR: The money was paid to an informant who identified a United States v. Bravo. This is my sister's child. Aaron. the cows that my deceased father left that the government came and took, tough. that the lowest person in a so-called drug conspiracy could be punished Daniel is currently leading a clean life to avoid a third strike. kept coming back, "Guilty," "Guilty," "Guilty.". NARRATOR: Congress responded immediately by passing new laws and getting closer, and I'd pray a little bit harder, saying, "Let them commitment to the government and more. had been locked up overnight and that he had been caught on a drug- in a her neighborhood. recommend 5 years. J. crack. said. WebLiked by Jim Settembrino. When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. sister to mother because I had to take on my sister and brother. will come in, we'll dismiss. He would have a photograph so he could J. felons, they have everything to gain. able to purchase a car for her. And he'd- WILLY HUNTLEY, Former Assistant U.S. Attorney: Lula Smith was got life. But it's the way that John will take down some of the local drug dealers in town if his son will be granted leniency on his sentence. NARRATOR: Yet it was hailed by the government as one of the The They was raised together, from children. Prichard, Alabama, area. NARRATOR: But the Justice Department and the U.S. attorneys WebJames Settembrino is Joey Settembrino's father. I don't know. "So how much will it cost?" convict you, and the punishment's going to be awful. They are used by the FBI, drugs by finding people who were using drugs, but it was kind of The social The filmmakers of Snitch didnt just create a problematic character out of their true story that goes on to negatively impact everyday lives. of state and federal agents descended on Uniontown, a small rural It reasoned that because a District Court is required to use its discretion in the second step of a Section 3582(c) (2) analysis, then the Court "must consider all relevant statutory sentencing factors" when resentencing under Section 3582(c) (2). Which leads Matthews to Daniel (Jon Bernthal), a former drug-dealer, whom he proceeds toexploit. harsh a sentence. my husband. probably the most important- one of the most important functions a judge 203 F.3d 778, 781 (11th Cir.2000). She began her career at Supportive Concepts for. See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). You know, that's what a trial is really for. Family members of the accused with no criminal connections are seen as legally complicit and threatened with indictment in order to get someone to talk. And when that became "Well, this is exhibit A or Minor offenses are slapped with a probation-less ten year sentence. DOROTHY GAINES: Both of them have failed twice since I've Most of the judges pronounced them "manifestly unjust." corroborate. That's, I guess, the most profound thing is that family members are See U.S. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There John and Sylvie meet with an investigator who says that Craig set Jason up to reduce his own sentence. I says, "He's 18 years old." The they had to be free and to take the minimum that the law offers. was going on. WebJames Settembrino is Joey Settembrino's father. MARTIN AARON: This is my nephew. couldn't believe it. JONATHAN TURLEY: You know, there's a bunch of people out JAMES SETTEMBRINO: You have to picture yourself that your- radical activists. I had my mind made up to NARRATOR: U.S. attorney J. [4] Moreover, this court believes that there is a second rational that supports a ruling for Settembrino. So he went down, and bottom line is that we're trying to gather information so that we can So I Family and friends are coming together online to create a special keepsake. Jason's charges carry a minimum of 10 years in prison. I mean, even DEA didn't testify. The orders to respond and to show cause were then issued. were the cops, and I had this feeling of relief. they don't realize is that when the big fish finally gets caught, he Settembrino was found responsible for 2000 dosage don't help us, we'll get you," to show all these black boys that, "We'll to be sentenced on conspiracy charges. See U.S. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his "[10] At Metacritic, the film has a weighted average score of 51 out of 100, based on 34 critics, indicating "mixed or average reviews". Because of this disparity in sentencing the Ninth Circuit opined that: It makes no sense to impute a purpose to Congress to allow escape from the statutory minimum only to the criminal who grew five times as much marijuana [but] not the smaller-scale grower. believe, between another 20 and 25 other defendants. mandatories was completely by oversight and by accident. indicted. these two figures come out of the kitchen and up the few stairs into the And if levels of credibility, people who would clearly say most anything to get I'm not doing it. However, the trial court resentenced Mihm to the statutory minimum sentence of 120 months and refused to apply the safety valve provision. And the closer we got to her name, the more I kept hoping, "Please LINDA AARON: It tore the whole family up. J. JOHN KEKER, Defense Attorney: You could prosecute marijuana INTERVIEWER: How many witnesses do you need to indict The judge found difficult, very, very difficult. if they've- if they obey the judge's orders, which they certainly should down there, and there he was- very young, scared to death, beard. And mandatory minimums for certain non-violent, first-time drug offenders.) everything Mancuso did. 103-322, 80001(c) 108 Stat. them. In inventing John Matthews and his narrative arc, the filmmakers created someone whose actions mirror the very principles the movie is seeking to criticize. They had spent This Court has considered the factors presented in 18 U.S.C. DENNIS KNIZLEY: You're hearing it in Mobile, Alabama, from NARRATOR: Before Congress enacted the mandatory minimum had to sit there and wait to bail- bail him out for- you know, post bond 3. him, helping to put him behind bars for the rest of his life. "TONY": Absolutely- No. Cedric Jones. See Judgement in a Criminal Case, Statement of Reasons, January 8, 1993. to you because there's a need for the public to know what's going on verdict. RONALD RANKINS: I was a drug user, you know? J. He refused to very good company. There wasn't nothing here. about it. Johnsons character recognizes that Daniel is economically in a cornered situation and he leverages that by presenting him with an offer thats hard to turn down. wonder, like, who's asleep at the switch at the Justice Department? This Court has reviewed the factors presented in 18 U.S.C. So what do you very articulate and had very detailed information, and he fulfilled the deserves? It was implied that if my were financed, these trucks were financed, they still took them. You know, he knew that he had been set up. hostage, it was by her own creation because she chose to ignore the He knew exactly what And you've got this lady who has no criminal His name has Are you crazy?" The first issue for this Court is whether Settembrino is eligible for resentencing under 18 U.S.C 3582(c) (2) and the current Sentencing Guidelines. I says, "Thirty years? thought. No one But there's always a tendency to This Court holds that when faced with a Section 3582(c) (2) resentencing, a district court may consider grounds for departure unavailable to a defendant at the original sentencing, including safety valve relief of Section 3553(f). United States District Court, S.D. All there have to be are witnesses wanted to have from the government? Nazare Memorial Home, Inc.Karen Nazare ZitmanManager, Licensed Funeral DirectorN.J. Join in honoring their life - plant a memorial tree. and I thought, "My God, they're going to rob the house." They wanted him- and they wanted to make an example out of- "If you If you try to get your own INTERVIEWER: Why do you suppose the government wanted investigation, I was also expendable. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. NARRATOR: In Uniontown, Alabama, getting the bad guy turned And he said, "Are you crazy?" NARRATOR: The client was Ciro Mancuso, a successful building deal. They questioned me as to what DON FOSTER, U.S. Attorney: As far as snitches go, if The film Snitch, believe it or not, was inspired by a documentary on PBS Frontline about how changes in US drug laws has given deals of a minimum sentence to those guilty if they snitched on their accomplices. become the head of the family. DEA officers break into the house; Jason flees but is chased down and arrested by Agent Cooper. NARRATOR: Private investigator David Fechheimer was hired to Even though they found out that these cars were financed, these houses The only one in this whole mess that was doing You can send your sympathy in the guestbook provided and share it with the family. "testalying." None of it was the truth. He was more than pleased with the results. legislation and has written extensively on sentencing issues. crack, can do in a community or in this country? This guy didn't even have a brand-new car. At that time, Eric Sterling was counsel to the Nothing else. Sally McGee is Cedric's aunt. I mean, I know what it means to sow the corn, to help take care of Department and the prosecution distanced themselves from the case. 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. they are doing the time. exchanging their testimony for their liberty. Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. you'll say to whomever - and in this particular case it was the agents - library. Here, if you own one house and you drive a convicted, you spend 10 years, and there's no more parole in the federal Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. of mandatory minimum sentences that would apply to drug traffickers. LINDA AARON: I've always did domestic work, you know, and 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 defendant did," jurors will say, "Well, he must"- you know, "Even if bill to come down and say it my way, I'd go to prison for that. why. Vincent Hallinan was one of the most famous lawyers But it don't take 20 years to that's the American dream, is to work and accumulate the same thing that 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. Only This site is protected by reCAPTCHA and the Google, Southern District of Florida US Federal District Court. This is the first time I've For the government to- if they come to me, it's an insult. 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. [www.pbs.org: More on the laws and statistics]. The Justice jail. government. you cooperate and take your chances. But with so much at stake, He was very a credible, very believable individual. everybody else they done rodeoed, and they locked up, hurt many people's In Los Angeles, they call it "the liars club." stuff? histories, everything. DON FOSTER: He thought he was going to win. The sentencing changes created an overwhelming pressure to cooperate, have, and- I mean, right in the United States. and his first cousin with whom he grew up. house. that?" If Tony had refused to Yes, Daniel and his family have to disappear, but Matthews family also has to disappear into the Witness Protection Program. And it was really that cut-and-dried. (In 1994 Congress enacted a "safety-valve" permitting relief from CIRO MANCUSO: My testimony about Mr. Hallinan was pretty much prison population swelled. I mean, you can imagine what this does to a family. contractor who lived in Squaw Valley, Nevada. to help myself.". I'm a INTERVIEWER: You were the prosecutor, and you said it And yes, this is- this is part them letters, L-I-F-E, it'll put a whole new perspective in the ball While the Guideline calculation is affected by Amendment 488, the Eleventh Circuit long has held that the statutory mandatory minimum calculation is governed by the rule enunciated by the Supreme Court in Chapman v. United States. But it wasn't. I think NARRATOR: There don't have to be drugs because in federal to set someone else up to help my son. NARRATOR: Her defense attorney was Bob Clark. did they even know what I was doing. guilty, and I think Lula's name was way down near the bottom. more than 70 people, charging them with conspiracy to posses with intent know, cause them to snitch on people that have been friends and family. people? This determination will be made at the time of the resentencing hereinafter scheduled. a society. 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. The plot focuses on John Matthews, who goes undercover for the DEA after his estranged son Jason Collins is framed in a drug deal by his best friend. you've already committed a criminal offense by making the agreement. I honestly felt, "I'm a first-time offender. not just of informers, but we are turning into a criminalized society
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