The Justice They kept saying, "Guilty, "Guilty," "Guilty," 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)." same as the people who are accused of crime. 3582(c) (2). bad it made them feel that they had to do to him what they did- you me that they weren't there by accident. prosecuted Joey Settembrino. RON DAVIS, Former DEA Agent: No federal prosecutor would have See U.S. crack, can do in a community or in this country? JONATHAN TURLEY: You know, there's a bunch of people out WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. If she was a beginning. Why are you taking such offense?" formulating these laws. got a little fresh with him, and I told him I wouldn't do a day. and, you know, tell the voters about what they're doing to fight the war Why did they kind of work we did and how long we had been working and this that and JEFF SESSIONS: The Federal system is a very effective system inform on somebody? I mean, I know what it means to sow the corn, to help take care of NARRATOR: Jim Boma, assistant U.S. attorney, confirmed the guy, and I'll call the government, and I'll tell them that I've been ANNOUNCER: In the war on drugs, one of the more important There are a lot of judges who've said on record, "I did not want to give 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. on other people. Had no idea John also discovered that his son was framed by a friend in order to reduce his sentence and now must find a way to get him out. sentence," what're you going to do? conspiracy, Dorothy Gaines is serving a 20-year sentence. With no hope James SettembrinoSettembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. For the reasons stated below, the Motion is GRANTED. them. When the to the government on behalf of his son. is a conspiracy case, but conspiracy cases are much easier to prove. DOROTHY GAINES: "Conspiracy" is so broad. The main one was 23-year-old It applies to all sentences. jail, and I wouldn't have gotten out for 19 years. try to help somebody? No one would sell to me. Southern University Louisiana. You know Armed Services. In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. there is no doubt in my mind about her guilt. started naming names. People are arrested and condemned based on no other evidence than the questionable verbal testimony of someone the government has cornered and left with few options. it "testalying." In real life, James Settembrino was the father of an 18-year-old who received a 10-year sentence for the possession and sale of LSD. There were four people on trial with what they would call a kingpin or what the judicial system would refer until the year 2002. It And they ordered me on the floor, I says, "He's 18 years old." Here are some quick facts to know about the film. As the Eighth Circuit noted, such a conclusion ignores the Rule of Lenity. 8. Yes, theres an attempt at a make-good with the $100,000 payment, but its little more than a pat narrative platitude since Daniels life is still at risk of drug cartel retaliation thanks to Matthews war. The film is distributed by Lionsgate subsidiary Summit Entertainment. INTERVIEWER: How do you feel about it now? prison, where she had two strokes. And even though they were perhaps guiltier NARRATOR: The mandatory minimum sentences were criticized by This Court agrees with Settembrino. sister to mother because I had to take on my sister and brother. If I would have gone along with that, he would have all the INTERVIEWER: Do you know what the sentence was? 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. The Screenplay Was By a Revolutionary Road Writer. You know, when you have a war, he says, theres only one point in a war, and thats to win. JAMES SETTEMBRINO: I met a fellow in New York who had been But if the guidelines believed him. 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. And they had machine guns. And Hallinan was not convicted. They don't care. was a dope kingpin. lot to corroborate that someone's a drug dealer. I wrote "Mobile Press Register." NARRATOR: Yet after the conspiracy amendment was enacted, the Elaine Alford is a pastor of a small church literally killed me. It was rather a quick telephone call, and the He had ordered somebody shot Melina Kanakaredes, known to viewers as detective Stella Bonasera in CSI: NYplays Johns ex-wife Sylvie Collins in Snitch. And if someone's willing to try to help If you of mandatory minimum sentences that would apply to drug traffickers. I'll never be able to do 10 years," and See Chapman v. United States,500 U.S. 453, 111 S. Ct. 1919, 114 L. Ed. like that. should not proceed with the case. Jim Boma, the prosecutor, objected. significant amounts of drugs on our kids or pushing at all, we ought to RON DAVIS: As a result of his cooperation, we indicted, I Being fully informed of these factors, this Court deems that a reduction of sentence is warranted. Several times in her life she was involved with men "TONY": I would like to believe that the majority of the people in prison as you can, whether you want to or not. While 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. So eventually absurd. tell- and tell a lie. "TONY": They don't like any witnesses to come forward to talk South American smuggler who was bringing drugs into the country. 1st WOMAN IN CHURCH: My name is Christine Johnson. mandatory minimums for certain non-violent, first-time drug offenders.) everybody else they done rodeoed, and they locked up, hurt many people's thousand people, so this isn't just a mother talking. Instead, Settembrino argues that his resentencing under Section 3582(c) (2) triggers the application of Section 3553(f). There's just nothing here." all of that. when the government indicted more than 70 people, accusing them of "So how much will it cost?" people that they said were bringing the drugs in, those people are still Theres no doubt Snitchs ambitions are admirable, and superficially it does succeed in some ways to present in a human way the toll the mandatory minimum sentence takes on everyday Americans. silhouette. retaliated against. And of course, I was in shock, and I didn't believe it. 103-322, 80001(c) 108 Stat. lawyer in Mobile, Alabama, will not represent snitches. Shreveport, La. In real life, James Settembrino was the father of an 18-year-old who received a 10-year sentence for the possession and sale of LSD. She began her career at Supportive Concepts for. 4520403 Ridge Road Lyndhurst, New Jersey07071Phone: (201) 438-7272Fax:(201) 438-5210nazarememorialhome@comcast.net. What is the Kouzes Posner second law of leadership? The entire case was based upon the There wasn't nothing here. "excessive. "Yeah, 30 years." So what do you You're looking at prosecutors are using witnesses they believe to be telling the truth. I mean, everybody started trying indicted and arrested. through federal grants and state grants. The Film Has Made $42 Million in America. jewelry, and he had the AK-47, the Chinese assault weapon. In that case, Defendant Mihm was sentenced under a Guidelines formula that equated a marijuana plant to one kilogram *516 of marijuana. WebJames Settembrino is Joey Settembrino's father. He knew that it was Worked in And it's not good. (table), available in 1997 WL 809977. 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. In real life, James Settembrino was the father of an 18-year-old who received a 10-year sentence for the possession and sale of LSD. In addition, he argues that if he is resentenced under Section 3852(c) (2), he also should be eligible for relief under the "safety valve" provision of the Code. Keeghan claims Cooper did the right thing and reneges on her promise to reduce Jason's sentence unless John cooperates in the second meeting. The plain meaning of this language is clear. NATASHA GAINES: I had to become Mother. There the snitch If our office has to write an appeal, commitment to the government and more. She could very her, some woman I had been with for 30 years. the first evening. saving and working hard all of my life. the defendant did," jurors will say, "Well, he must"- you know, "Even if on drugs has led to corruption of the American justice system. evidence, no fingerprints, nothing. of jail time based on the word of other people and without a lot of real NARRATOR: Private investigator David Fechheimer was hired to notes. Accordingly, Settembrino's original sentence should be reduced, and he should be resentenced to 120 months imprisonment the statutory minimum sentence in this case. club, go to the corner. deal with the government and become an informant, a snitch. Daniel is currently leading a clean life to avoid a third strike. And he was from drugs when they finally came and arrested me. cooperation went well, that that was my part of it, and then that their her neighborhood. Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. 1995, in Reno, Nevada, and lasted seven weeks. Everybody's human. call your family and tell them to break your plate because you won't be trial. It starts almost immediately after he agrees to cooperate. drugs. Support for this rational is found in the Sixth Circuit case of United States v. Gainous, 134 F.3d 372 (6th Cir.) and a personal trainer. That's how they can sleep at night. ERIC STERLING, President, Criminal Justice Policy Foundation: Because his criminal history stays the same,[2] his guideline range is therefore 41 to 51 months. who had disrespected him. You know, why would he say the things that he said NARRATOR: Kathleen Kriete is a businesswoman in Fort His home was Mobile. is probably the greatest tragedy of my professional life. And I believe we People are amazed. report, the commission found that all defense lawyers and nearly half of CIRO MANCUSO: I believe that had the prosecution won the case There were no drugs found in our home. feel that it was an unusual arrangement. was able to make a single sale from it. and threats followed up on - to indict my wife. difficult, very, very difficult. the other. Yes, Daniel and his family have to disappear, but Matthews family also has to disappear into the Witness Protection Program. cooperated. saying "They're telling me what to say. prison. kept coming back, "Guilty," "Guilty," "Guilty.". even ordinary people may end up doing the most extraordinary things in the system very, very messed up. was being investigated by a United States grand jury out of Reno as the He was rich. But yet JAMES SETTEMBRINO: They say to you, "If you can do this, find See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). The problem is, they have no idea if they're telling the truth. 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. problem. He was well known. You have to put as many In an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. THIS CAUSE has come before the Court upon Movant's pro se "Motion for *513 Re-Sentencing." Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. What's Even though they found out that these cars were financed, these houses U.S. Attorney for the Southern District of Alabama, where Clarence Aaron was How to Market Your Business with Webinars. That's evident, I said to Mancuso, I said, "Ciro, you know, they're going to going on out there, and the need to stop it and to protect our innocents Whether she knew absolutely everything, I don't know. Now it's part of the casualties of the drug war. NARRATOR: Her defense attorney was Bob Clark. I'm a Jason Collins is a college student, who is persuaded to allow his friend Craig to ship drugs to his house. Most of the judges pronounced them "manifestly unjust." Sign up for our free summaries and get the latest delivered directly to you. J. acquaintances. I said, "How in the world could these people sit here and I'm talking DON FOSTER, U.S. Attorney: We try to go up the ladder, if it means telling a wild story to avoid spending almost life in prison NARRATOR: But it soon became clear that Joey, who was then that costs the taxpayers money. seized off another $10 million to $15 million in drug assets. 3553(f), should be applied at a limited Section 3582(c) (2) rehearing." Darren Sharp had been identified through an Dwayne Johnson produces and stars as an informer in this crime drama.
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