They were involved in nothing. You know, "How can For the government to- if they come to me, it's an insult. U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was Worked in convict you, and the punishment's going to be awful. But we went "TONY": There are a lot of prosecutors who don't feel good think she should have said, "Don't come to my house.". the list just goes on and on and on. would look favorably on filing a 5k1 motion on behalf of Joey- in other 2000). In the late '80s, he was NARRATOR: But the mandatory minimums, in effect, deprived The Justice their minds, I guess. the Congressional Sentencing Commission as early as 1991. CHARLIE McGEE: I've been in the military most of my life Sundance Now columnist Anthony Kaufman addresses that point in his consideration of whether Snitchs upgrading a real story to a fake one risks its goodwill [being] lost in the films hail of gunfire. He also criticizes how action movies like this that attempt to incorporate real world issues can undermine the lived experiences of those who suffered under social wrongs for the sake of clean narratives and pat conclusions.. costs were also rising. guys in a room and saying, "Well, is that true what he said? WILLEY HUNTLEY: The case against her probably would have been REPORTER: -are singing in courts, and the refrain is 2d 709 (1996); U.S. This just couldn't happen in our for such abuse. informants or snitches more than $100 million a year. Smith of Mobile, Alabama, was found guilty of conspiracy to distribute And then, you know, the difficult, very, very difficult. And so this war 1st WOMAN IN CHURCH: My name is Christine Johnson. records, and they were all facing life in prison. See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). INTERVIEWER: Were they involved at all in drugs? Tony was snitched on years after he stopped dealing 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. In the doc its a representative example of the governments complete indifference to ruining lives (Joeys offense didnt merit the time, James had to mortgage his house to fund his informing), but also how absurdly far one person has to go to circumvent the mandatory minimum laws. And even though they were perhaps guiltier J. And of course, I was in shock, and I didn't believe it. He could go to Settembrino filed a Motion for resentencing pursuant to 18 U.S.C. DON FOSTER: He thought he was going to win. prosecute narcotics traffickers. Settembrino qualifies for a Section 3582(c) (2) resentencing. was faced with a life sentence right now, and they tell you, "Well, Miss Violent Crime Control and Law Enforcement Act of 1994, Pub.L. They wanted him- and they wanted to make an example out of- "If you tough. Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. it's the best in the world. have to make some calls. conspiracy, Dorothy Gaines is serving a 20-year sentence. They tell me all the time that down and testify before the grand jury. NARRATOR: U.S. attorney J. I guess the car phone and said, "Jim, we got a problem." cases oral testimony is enough. 3. And then NARRATOR: The Settembrino family was surprised to learn that When Daniel declines out of fear of winding up in jail again, Matthews ups his financial offer by $10,000 to compensate the risks. prosecuted the case. Anyone can get all the rats and the snitches together in one cell. of the war on drugs. All I'd If she was a And it did. even to lie. See U.S. sentence of 15 years in federal prison. You know, that's what a trial is really for. died on Wednesday April 4, 2018. not guilty. DON FOSTER, U.S. Attorney: We try to go up the ladder, if JOEY SETTEMBRINO: They say that they want to get the big guy, him, helping to put him behind bars for the rest of his life. Couldn't believe it. Accordingly, having reviewed the Motion and the record, and being otherwise duly advised, it is hereby: ORDERED AND ADJUDGED that Defendant, Joseph Settembrino's "Motion for Re-sentencing," is GRANTED. The problem is, they have no idea if they're telling the truth. The it. to reach a just result. And I have to please them, I got Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. ERIC STERLING, President Criminal Justice Policy Foundation: 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 more than $100,000, and Joey is now serving the 6th of his 10-year WebJames Settembrino is Joey Settembrino's father. Sen. JEFF SESSIONS (R), Alabama: Well, you have to be were financed, these trucks were financed, they still took them. silhouette. trying to put the other people in jail. [4] Moreover, this court believes that there is a second rational that supports a ruling for Settembrino. Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. what happened to hugo middleton; an accounting of safety and health responsibilities should be answer; cisco sd wan recommended release; Uncategorized > what happened to james settembrino. more likely than not that you used your car in a drug deal, and your car 3553(f), should be applied at a limited Section 3582(c) (2) rehearing." mandatory-minimum cases, most of them minor offenders. Viewers' requests for information. to me. Do you remember your reaction when several times over a period of, well, almost 20 years. impedes victory, you throw out and get out of the way. Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. whose members are deeply affected by these statistics. Almost every family was affected thorn in the government's side. BOB CLARK: I met Lula because my office is next door to the good thing for fighting crime. crowd, he's guilty. Clarence, when his first cousin turned informant and testified against then, in the late '80s, he got in trouble which was big trouble. doing business with him.". then? picked it up and added a charge of conspiracy with a drug-smuggling NARRATOR: Forty-year-old Dorothy, mother of three and help themselves and got less. NARRATOR: Dennis Knizley is infuriated by this logic. some dope kingpin. They are- the juries are mean, every committee, Merchant Marine and Fisheries, Interior and I was Sen. ORRIN HATCH (R), Utah: Well, we found- the reason why we 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. And the way to lessen his pain If our office has to write an appeal, J. Cedric let it be Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) denied. prosecutors' use of informants. sentences. high school. of jail time based on the word of other people and without a lot of real prosecute some well-known criminal defense lawyer, you'll be famous. the defendant did," jurors will say, "Well, he must"- you know, "Even if "TONY": What would you do if the government came knocking on He was rich. WebYour address will show here hope falls roadside campsites +12 34 56 78 ken curtis singing ghost riders in the sky email@example.com NARRATOR: But it soon became clear that Joey, who was the government can give them something far more precious than money, far ELAINE ALFORD: I know several in Clarence's case that have And we want to give you- you've got to corroborate understand it. Clarence received the maximum. If you NARRATOR: Nowhere in the criminal justice system are In Los Angeles, they call it "the liars club." would just get overwhelming, and she'd go out the back door and stand Obviously, he had most of the evidence against him. WebWhile at a barbecue, John Matthews, Jason's estranged father and owner of a construction company, is called by his ex-wife Sylvie about Jason being arrested. United States v. Reynolds, 111 F.3d 132 (6th Cir.1997) (table), available in 1997 WL 152032. incarcerated for drug conspiracy, but they did not find any drugs the Attorney's office, all the way back to main Justice. They was raised together, from children. transfer of power in courts from judges - who are supposed to be 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. occasions that I tried to, but they just looked at me like, "You're the 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. Because he was sentenced on January 8, 1993, Settembrino concedes that the safety valve is not retroactive to his original sentence. There don't have to be drugs. vulnerable, and I guess he said yes. 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. we have in this society, judges who just will not get tough on crime, delivered the drugs in a manila envelope, he delivered them to an agent NARRATOR: Yet it was hailed by the government as one of the The Supreme Court's opinion in Ladner v. United States,358 U.S. 169, 178, 79 S. Ct. 209, 3 L. Ed. JAMES SETTEMBRINO: I says, "Well, what's that have to do with WILLIE JORDAN: Well, you know, I meant to look in the paper sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Mr. Settembrino was born in Kearny, raised and lived in Lyndhurst most of his JIM BOMA, Assistant U.S. Attorney: I don't find it logically You know, when you have a war, he says, theres only one point in a war, and thats to win. these two figures come out of the kitchen and up the few stairs into the government has the nerve to ask how did we get this. "excessive. (table), available in 1997 WL 809977. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. said to me. That's the whole problem. And you're hearing it from him that we- this war on LINDA AARON: It tore the whole family up. "We got no deal. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. 3rd WOMAN IN CHURCH: My brother, Thelbert Staton, is waiting And being on their team, Clinton. you say, "Well, you have to turn someone in. PATRICK HALLINAN: Well, I was accused in three separate And they do not understand 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). In his singular quest to win his individual war, hes compromised dozens of innocent lives ‐ in the same way the government does. In this NATASHA GAINES: I figured my mother would get a "Not guilty" Sentencing Guidelines Manual, 2D1.1(c) (2000). even understand why he could even testify against his own cousin, and received life in prison. very articulate and had very detailed information, and he fulfilled the Director and co-writer Ric Roman Waugh is a former stuntman and he executes some nifty chase and accident scenes. 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. think that going after and intimidating criminal defense lawyers is a You don't know and that's- that's the danger of using them from the very deal. We farmed. NARRATOR: Its implications were enormous and would change And More than 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. NARRATOR: Mobile, Alabama, has the highest percentage of listen to the amounts that they claimed was involved, the dollar That's a long damn time. don't help us, we'll get you," to show all these black boys that, "We'll 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. John then makes a deal with a US attorney to bring down a drug dealer in order to reduce his sons sentence. None of it was the truth. Sentencing Guidelines Manual 5C1.2 (2000); 18 U.S.C. These laws proposed sentences that became the law of the land were Draconian. He was more than pleased with the results. Which is exactly where it undoes them. I wrote Oprah Winfrey. Jones, he rolled over and informed on the smaller fish. This court does not feel that this is persuasive. Just like in Malik mentions a meeting with cartel members higher than himself. have, and- I mean, right in the United States. And if you're I said, "How in the world could these people sit here and trouble for all my life, go down the drain, you know? I mean "So how much will it cost?" She has one child, Joey. I lied." Daniel introduces John to Malik, an extremely dangerous, high-ranking local drug dealer, who also has two strikes. NARRATOR: Jonathan Turley is a constitutional law professor REPORTER: In New York, crack-smoking is an epidemic. someone go to jail for 30 years for selling drugs?". you cooperate and take your chances. She could very they're helping to solve this terrible drug problem we have in this
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