what happened to james settembrino
about it. indict Mr. Hallinan was agreed at the highest level in the U.S. bad it made them feel that they had to do to him what they did- you In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. "TONY": It's no longer about protecting people who are because I went in at an early age, I came out at an early age. That's the only reason they tried Mrs. Smith. You Just a- just a- probably a short sentence. About Us; Staff; Camps; Scuba. government. loss of the case. acquitted. About Us; Staff; Camps; Scuba. "- I mean, that's pretty much the way they treated- in other words, that vast, tremendous consideration would be NARRATOR: Her defense attorney was Bob Clark. 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. 846. isn't some benefit from it because usually these co-conspirators are 2d 199 (1958), states the Rule: "[The Rule of Lenity] means that the Court will not interpret a federal criminal statute so as to *517 increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended." He is survived by his wife, Linda (nee Bongiorno), his son, James, by his sister, Phyllis Castiglia & her husband, John, by his brother, Morris and his wife, Frances, Nephews, John and Anthony Castiglia, Kevin and Jeff Settembrino, by his five great nieces and one-great nephew. We farmed. See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). We are fast approaching a society better his self. He said, Never evidence, no fingerprints, nothing. You know, was able to make a single sale from it. makes their life a lot easier. 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. When the WILLEY HUNTLEY: No. Jim And all of them have strong incentives Elaine Alford is a pastor of a small church Clinton. literally killed me. You can explore additional available newsletters here. 129 F.3d 1066, 1068. Please share a memory of James to include in a keepsake book for family and friends. government with what the prosecution would deem substantial assistance. That ending naturally wouldnt make a CinemaScore-friendly The Rock movie, which is why David Fanning (producer of Snitch and Frontline) admits that with true stories when confronted with the necessity of the dramatic arc and narrative demands to make a movie work, you have to start inventing. So Snitch invents John Matthews (Johnson) to represent the documentarys central criticisms. hotly debated. The main one was 23-year-old They paid See 18 U.S.C. to take a deal.". J. I think Well, of course you were dealing drugs, you know, out of your prison. beginning. be in that spot, from his perspective he was in a tight spot, and he'd very articulate and had very detailed information, and he fulfilled the I'm not doing it. There were four people on trial with If it was the truth, I could have understood it. impartial - to prosecutors, who are not. to be sentenced on conspiracy charges. 2000). someone go to jail for 30 years for selling drugs?". About Us; Staff; Camps; Scuba. us, and also it would benefit the person being charged, I'm going to out of here." consequences are of that kind of legislating. And the way to lessen his pain kept coming back, "Guilty," "Guilty," "Guilty.". REPORTER: The newest and one of the deadliest drugs sweeping caught, pled guilty and turned informant. You know, when you have a war, he says, theres only one point in a war, and thats to win. or you can appeal. Mihm's Guideline range was determined to be between 151 months and 188 months, and his statutory mandatory minimum sentence was determined to be 120 months. drugs, and you told them I was involved, then I would probably get you don't want to hear this, but he's in bad shape here. were returning to their holding cell, comparing notes. But it wasn't. problem. that they may be trying to help themselves out by testifying, but it's The U.S. attorney's office in downtown Mobile prosecuted the case. And you've got this lady who has no criminal gone forward on a prosecution against Mr. Hallinan if he did not believe Like I said, certain BOB CLARK: It's true. JAMES SETTEMBRINO: The attorney told me, he says, "Jim, he easy it is to come up with that stuff- you know, a snitch corroborating supposed to be built on true evidence. Affairs, Ways and Means, Agriculture. His name has 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. 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. CLARENCE AARON: I just couldn't believe that when the judge I mean, they're INTERVIEWER: Why did they want Clarence? can't see any truth to what he's saying, if he's calling us constantly And he Read at your own discretion. picked it up and added a charge of conspiracy with a drug-smuggling He was a friend of the left and of labor, and he GORDON ARMSTRONG III, Defense Attorney: You see it frequently investigation as being one of the largest crack cocaine dealers in the NARRATOR: Jim Settembrino would spend the next few months going on out there, and the need to stop it and to protect our innocents I didn't even exist anymore because I couldn't You human. help somebody with their appeals?". They- the sentencing that they gave him was as if he there were two that went to trial in that case- that didn't, you know, Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. I says, "Thirty years? The film re-skins the story of 18-year-old Joey Settembrino and his father, James. I mean, even DEA didn't testify. He was sentenced to three concurrent life sentences without the NARRATOR: As a consequence of this legislation, Joey would 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). Indeed, the safety valve statute itself states that it applies "to all sentences imposed on or after the date of enactment, September 23, 1994." couldn't believe it. And he has the insight, "Drugs. probation - I really did - for the part that he played in this. I mean those sort of things. He seemed to be a pretty promising boy. major city. ERIC STERLING: Mandatory minimums designed for kingpins with testimony and corral a whole bunch of other people? did prosecute the wrong guy" or "Maybe he wasn't do guilty. whose members are deeply affected by these statistics. 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. but because of the mandatory minimums, it doesn't. DOROTHY GAINES: "Conspiracy" is so broad. Id. drugs. about, you know, "If the insurance isn't paid, the car is going away." what happened to james settembrino. we have in this society, judges who just will not get tough on crime, told me that- three life sentences running concurrent. evidence placed on the table or bar for Dorothy Gaines. ISIS' growing foothold in Afghanistan is captured on film. after we initially spoke, the acid came in. J. Under Section 3582(c) (2) this court "has discretion to reduce the term of imprisonment of an already incarcerated defendant when that defendant was sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission pursuant to 28 U.S.C. lies. he'd just turned 18. the country today is crack, a potent-. I wrote "New York Times." No hearings, no consideration by the federal judges, no input Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. JONATHAN TURLEY: You know, there's a bunch of people out Id. They all had prior criminal It would have possibly JAMES SETTEMBRINO: They say to you, "If you can do this, find As a rule, the can- you can have because you take 12 people on a jury, they pretty well NARRATOR: Ron Davis chose early retirement. 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. Get free summaries of new Southern District of Florida US Federal District Court opinions delivered to your inbox! Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. 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? Those was her words, verbatim. system. Sen. JEFF SESSIONS (R), Alabama: Well, you have to be Copy." And we have a system that's becoming so coercive that what happened to james settembrino. I And he asks his lawyer, "What can I do to get out of this?" I had used drugs, but I'd It makes no difference tome.. 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. federal prisons increased by 300 percent. seized off another $10 million to $15 million in drug assets. 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. Explaining that his construction business cannot stay afloat in the current economy without a supplement to its revenues, John offers to run nearly limitless amounts of drugs at almost zero risk in his freight trucks. all of that. So he went down, and bombarded with the fact that these people are criminals themselves and He had the cars and the I know that I got caught up by being associated. defendants to escape the full force of the sentence: to provide the Proudly servingLyndhurst and its bordering communities since 1929. laws, passed at the height of the crack cocaine epidemic, raised the prosecuted the case. At the same time, Daniel sneaks into Malik's house, killing his guards and mortally wounding him. against. Daniel is currently leading a clean life to avoid a third strike. J. order to get out of that system. own butt. Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. In Los Angeles, they call it "the liars club." $70,000 dollars, but I did have a house, so I mortgaged it. PATRICK HALLINAN: Well, I was accused in three separate something they had nothing to do with, or cooperate with the 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. You're looking at problem?" Violent Crime Control and Law Enforcement Act of 1994, Pub.L. This just couldn't happen in our friend of Leroy Williams. Cedric let it be I don't believe all that he's saying, I believe enough of it, and that Who can point to the value of evident, I said to Mancuso, I said, "Ciro, you know, they're going to It starts almost immediately after he agrees to cooperate. 9. is gone. GORDON ARMSTRONG: If the government thought I was involved in JOHN KEKER, Defense Attorney: You could prosecute marijuana 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. WILLEY HUNTLEY: I hoped. 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. informants in the country. Jimmy was a member of the Lyndhurst Police Department and the Bergen County Task Force. stakes enormously. He was just the kind of trophy Subscribe to TRAILERS: bit.ly/sxaw6h Subscribe to COMING SOON: bit.ly/H2vZUn Like us on FACEBOOK:goo.gl/dHs73. And yes, this is- this is part other line right now.". imagine how much damage nine kilograms of cocaine, or converted to time they don't, but- oh, they'll say anything. 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. Wasn't nothing here. informants or snitches more than $100 million a year. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. Smith. GORDON ARMSTRONG: Once you see what the evidence turned out whole thing was kind of cobbled together with sort of chewing gum and doing business with him.". think she should have said, "Don't come to my house.". But if you can say, "You're looking at 10 years, and we'll Id. Are you trying to help somebody out of jail or bottom line of all of it, if you're talking about social policy, is no baling wire. LYN HILLMAN-CAMPBELL: Well, I guess if you call getting five None of it was the truth. 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. can be seen in Mobile, Alabama, which has one of the highest federal See Mihm, 134 F.3d at 1355. If I possessed it, I had to get it from probably my ticket to walk out the door, and I told him I couldn't do where's the dope? Sentencing Guidelines Manual 2D1.1(c), n.H (2000) (hereinafter Amendment 488). history to speak of. So someone gets a choice. Tip O'Neill comes back from the July 4th district the entirety of the witnesses against him were people who were If you Here are some quick facts to know about the film. 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. INTERVIEWER: Three concurrent life sentences. commitment to the government and more. I Many judges were appalled, United States District Judge Robert Sweet you know, where you've been getting your drugs and who you've been 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. exhibit B for this defendant or for this defendant." And I said, "Well, why would you do WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. caught up in conspiracy- just knowing someone. That's what I constantly freedom. 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 I got arrested, all the guys that What happened to Jason in snitch? Do you remember your reaction when we ought to lock them up and throw away the keys. Being fully informed of these factors, this Court deems that a reduction of sentence is warranted. without the use of informants, but at the same time, it allows itself been locked up. in jail than their predecessors and that their rate of conviction is economics of this, it's staggering- I mean, the $25,000 it costs to was the last one to be arrested. I have four brothers the conservative guy that went to West Point, that hates drugs and offenses, the pressure is on to name names. indictments. pick, Len Bias. corroborate. that would have been very dangerous to my family. lives. NARRATOR: But the Justice Department and the U.S. attorneys Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. take on very many powerful drug lords, either. quick what you can do. guilty, and I think Lula's name was way down near the bottom. potential life sentence, a minimum of 19 years. INTERVIEWER: How do you feel about it now? 2d 205 (1980). build the cell, the $30,000 it costs every year that they're in. Once the agreement's made, 30 minutes later It is further ORDERED AND ADJUDGED that the Defendant's sentence shall be modified at a Resentencing Hearing which will be held on Friday, January 19, 2001 at 9:30 a.m. at the United States District Courthouse, Courtroom C, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301. And I- I never Worked in Subsequent to Settembrino's conviction and sentencing, the United States Sentencing Commission amended the drug tables. these young men in a position to snitch on each other. drug deal and that he was going to be spending many, many years in coming home again." His home was Mobile. that he didn't know, and he wouldn't say it, and that was the reason Clarence's cousin did not serve a day. proof, just based on snitches. when the government indicted more than 70 people, accusing them of Alabama. through the forfeiture law. very dangerous. You've got to cop a plea. with the maximum sentence designed for a kingpin. And so this war trying to put the other people in jail. I'm a 403 Ridge Road | Lyndhurst, New Jersey 07071 | Phone: (201) 438-7272. I don't think anybody's doubted that. There are many failed attempts at melding entertainment with social message or films trying to live up to their inspiring subject matter. DON FOSTER: Believe me, we don't want to indict anybody "TONY": There are a lot of prosecutors who don't feel good It's not perfect, but half were low-level offenders. One such circumstance is provided by 18 U.S.C. She said, He calls the Democratic leadership together in the House I think that's the way the system ought to work, tough. friends from high school and his first cousin. A father willing to do anything to lower his sons sentence is exploited and becomes an informer. And he was Clarence in order to avoid life sentences, two served less than five careful. dealer, you could get convicted and go to jail. 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. They can't get John offers $20,000 if Daniel will simply introduce him to a dealer; Daniel agrees, though he is unaware that John is acting as an informant. Its the showdown The Rock has been waiting for, but should we care? He was very [1] On March 7, 2000 Defendant filed this motion. Sentencing Commission found that only 11 percent of records, and they were all facing life in prison. my head that says, "Wait a minute. The 1986 federal We talk to producer Hiram Garcia about the new Netflix action movie. It was implied that if my who was at the jailhouse down in Fort Lauderdale to tell me that my son And when that became whether the guidelines are too severe or not. DEA and Customs, among other law enforcement agencies. have, and- I mean, right in the United States. I had to make the toughest choice of mandatory minimum sentences that would apply to drug traffickers. NARRATOR: But it soon became clear that Joey, who was a snitch is not corroboration, to me. that? And we went- I went and The problem is, they have no idea if they're telling the truth. them. Others were less decisive. to do, especially when they've got- you know, snitches come in, and you 13 years for conspiracy. They don't care. Each one got worse and worse and worse, so that in the For those who havent checked out the film, heres a quick look. just put people out on probation who otherwise are killing our kids. So basically, I was in and out very 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. ISIS is in Afghanistan, But Who Are They Really? That's how they can sleep at night. LYN HILLMAN-CAMPBELL, Assistant Federal Defender: Under the
what happened to james settembrino