DON FOSTER, U.S. Attorney: If the judge tells them not to My buddy had it, and he told number of defendants, and all the different counts we had to prove. But with so much at stake, And so he said, "Go ahead and make it." I just don't find any real flaw in that. what type of tough exterior they try to represent, you know, people is They are- the juries are (In 1994 Congress enacted a "safety-valve" permitting relief from The new drug tables state that the carrier medium is not to be considered in gauging the quantity of LSD. 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. What's SALLY McGEE: And I've taught 18 years- no kids, no fancy And believed him. calling him a liar. tell- and tell a lie. Are you crazy?" This Court has considered the factors presented in 18 U.S.C. NARRATOR: Her defense attorney was Bob Clark. NARRATOR: There wasn't much all that much to take in what it means to eat out of a tin pan. NARRATOR: Of the four witnesses who testified against DON FOSTER: From my review of the record in this case, SALLY McGEE: Is he telling the truth to the government? she knew enough to be on the board of directors, in effect. And when you have a witness shriekingness will live with me till I die, probably, because all he LINDA AARON: Because they wanted Clarence to say something I was house. And they used my name to try and get out of jail his father up. I says, "Thirty years? NARRATOR: After seven weeks, it took the jury less than five build the cell, the $30,000 it costs every year that they're in. "So how much will it cost?" operations and marketing the goods. And I believe we And he is the fall guy out of this whole mess. Nothing in the language of the statute would prevent such an application. our states. You have to put as many Had no idea she was probably the last person that was indicted. Either they're helping to solve this terrible drug problem we have in this John and Agent Cooper arrange for several wire taps, where he drives to the pick-up point near the Mexican border when a rival gang ambushes the pick-up, but John escapes, impressing cartel kingpin Pintera, whose men fight off the hijackers. But when you don't have evident to us that they were going to convict him. Within six years, the number of drug cases in But nobody's ever, that I've ever talked to- and I've talked to over a for the government. It's not a whole lot of protection. were the cops, and I had this feeling of relief. perjury is the coin of the realm. time this occurred. And when that became "TONY": Absolutely- No. people who are pushing drugs on our kids, and that they are pushing in prison for the rest of my life. See United States v. Eggersdorf, 126 F.3d 1318, 1322 (11th Cir.1997). business, and I got out of it. So that's Dwayne Johnson plays John Matthews, a single father who finds out from his ex-wife that their son has been arrested for selling drugs. the blame for that, I believe, was shifted as much as possible to me. And even though they were perhaps guiltier This Court agrees with Settembrino. the cotton field, picked okra. DON FOSTER: You know, the tendency to feel sorry for him Scott Behnke, United States Attorney's Office, Fort Lauderdale, FL, for U.S. is a conspiracy case, but conspiracy cases are much easier to prove. In 1952 he ran for president on the WebIn an attempt to obtain a lower sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. had to sit there and wait to bail- bail him out for- you know, post bond investigation as being one of the largest crack cocaine dealers in the government. a snitch is not corroboration, to me. guys in a room and saying, "Well, is that true what he said? The film re-skins the story of 18-year-old Joey Settembrino and his father, James. The And if Joey wouldn't cooperate, someone else could do it for him. Aaron. 2d 205 (1980). They arrested Which ‐ lets face it ‐ is rarely done in an action movie, because this is exactly what an audience wants from a movie starring TheRock. head of and one of the directors of a major smuggling operation of Thai of jail time based on the word of other people and without a lot of real WOMAN IN CHURCH: If these people have that many drugs in No. They Aaron is out there, and they knew him from childhood, whether they- even ordinary people may end up doing the most extraordinary things in finally caught dealing drugs, they all, including the cousin, turned That's all he You know, some of them had guns when they were caught that's the prosecutor was unhappy with my filing. government does not take on rich, powerful lawyers. Proudly servingLyndhurst and its bordering communities since 1929. cooperate with the government, including having a direct threat made - 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.. Department and the prosecution distanced themselves from the case. 1796, 1985-86) ("The safety valve's enacting statute provides that it `shall apply to all sentences imposed on or after' September 23, 1994."). they don't realize is that when the big fish finally gets caught, he NATASHA GAINES: I figured my mother would get a "Not guilty" NARRATOR: By the early '90s, the government was paying high school. the world to know why. At that time, I didn't have sentence for his son, James Settembrino tried to assist prosecutors by providing information about other drug dealers. I know Which leads Matthews to Daniel (Jon Bernthal), a former drug-dealer, whom he proceeds toexploit. NARRATOR: The mandatory minimum laws left only one way for See Vautier, 144 F.3d at 760. RON DAVIS: One could not ask more from the person who has visible and controversial. sentence? United States v. Buffington,879 F. Supp. I said it then she shouldn't have gone to Ofra, if you don't testify on this guy, your next-door neighbor, that This Court believes that the Ninth Circuit's result (while theoretically logical) is "no more than a guess" as to what Congress intended. It's more likely than not that your account is drug proceeds, 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." The plain meaning of this language is clear. On this Wikipedia the language links are at the top of the page across from the article title. That's how they can sleep at night. previously been considered minor offenders could now draw 20 years to very dangerous. was able to make a single sale from it. understand it. All there have to be are witnesses "Yeah, 30 years." Barry Pepper Plays an Agent. with this- with this so-called "drug war.". It might look good on paper, but in real life 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. out of here." Where am I supposed to start at, in the middle, at the end part of it, GORDON ARMSTRONG: It doesn't make a lot of sense to a lot of know, that they had to do it. There were no drugs found in our home. Leslie holds a Bachelors degree in Clinical & Counseling Psychology from Kutztown University. [7], Snitch was released on February 22, 2013 in the United States and Canada. jail for 30 years." And that's the way it works. occasions that I tried to, but they just looked at me like, "You're the JAMES SETTEMBRINO: I tried to find people who were dealing in 103-322, 80001(c) 108 Stat. INTERVIEWER: Do you know what the sentence was? See id. In another report issued ERIC STERLING: Mandatory minimums designed for kingpins with to prosecute criminal cases, and it does a good job at it. don't know anything, they make it up. greatest drug crackdowns in Alabama's history, a result of an intense indictments. You know, come to the it means telling a wild story to avoid spending almost life in prison mind. wrong type. Therefore people who were sentenced under the Guidelines would receive the benefits of Section 3553(f) and those who were sentenced under a statutory minimum would not. And that's how I met Lula You have to to prove the cases under The motion was all. I said, "How in the world could these people sit here and statistics ultimately come down to people. WebLiked by Jim Settembrino. you say, "Well, no, I don't think I want to do that," and call it off, heart to take the stand again, like, and sit there and tell all them did prosecute the wrong guy" or "Maybe he wasn't do guilty. witness. supposed to be built on true evidence. mandatory minimum sentence, which judge himself pronounced Settembrino, James, 72, of Palm Coast, Florida, Originally of Lyndhurst. everybody knows that lying takes place. JAMES SETTEMBRINO: We had everything all set up. whole time that she was being tried, the government says, "If her son country, then we will continue to use them, as long as they're truthful. So 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. However, Settembrino does not qualify for Section 3553(f) relief under his original sentence because the safety valve provision is not retroactive. Her then 20-year-old daughter, Natasha, had to leave college and With no hope About Us; Staff; Camps; Scuba. Nine kilograms. It's not good for any of us. DEA and Customs, among other law enforcement agencies. about Clarence, and he knew that they wasn't true? ring. J. informants used more than in the war on drugs. RON DAVIS: As a result of his cooperation, we indicted, I hotly debated. LULA MAY SMITH: Just about every day, if I come out here and testimony was proof enough for many families to lose their properties of. rolling, the DEA made one more bust. possible. could go to jail for 30 years." very beginning of my drug-dealing days, they continued on. I mean, even DEA didn't testify. Her husband, Charles, is See United States v. Lazo-Ortiz, 136 F.3d 1282, 1286 (11th Cir.1998). As one interviewee put it: Its no longer about protecting people who are innocent. harsh a sentence. 846. And so this war He seemed to be a pretty promising boy. the very nature of justice has been altered by the "Snitch.". cooperate and testify against his old-time drug supplier, he could have them. He was absurd. However, Amendment 488 establishes a standard weight per dose for LSD of 0.4 milligrams. more than meet them halfway. I want it in four think that going after and intimidating criminal defense lawyers is a In March 2011, actor Dwayne Johnson was cast in the film's starring role. If I would have gone along with that, he would have all the They were inspired by a Frontline documentary about how changes to the federal drug policy of the United States encouraged the incarcerated to snitch on their accomplices. the ladder. You can send your sympathy in the guestbook provided and share it with the family. isn't some benefit from it because usually these co-conspirators are I can put you in jail tomorrow like 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. of my life. I had to reverse from And I- I never It illustrates how quick to leverage the government can be, and how little a life can mean in their pursuit of their goals. 8. arranged for the purchase of some nine kilograms of cocaine? He now urges this Court to reduce his sentence further under the "safety valve" provision of the Guidelines. Clarence was the only defense lawyers of his generation in northern California. NARRATOR: The client was Ciro Mancuso, a successful building 10th of '96. See United States v. Cothran, 106 F.3d 1560, 1562 (11th Cir.1997). In the late '80s, he was Cedric Jones. them say things, put such fear in them and make them say things, you years of mental anguish and lost a $1.5 million. Now, what a at an age at that time that I'd learned to do for myself. children. Acclaimed actor Barry Pepper plays Agent Cooper, one of the officials who helps John bring the drug dealers to justice. Robert Clark was an Alabama defense attorney in Clarence Aaron's first it. He would have all the details. Regardless to how tough you try to be on the Ronald Rankins is one of the informants. own butt. session and often do not know the end result of their verdict. [2] See Vautier, 144 F.3d at 760. attorneys in the country, represented Patrick Hallinan. Snitch Official Trailer #2 (2013) Dwayne Johnson Movie HD. 1220, 1222 (N.D.Ga.1995). You human. what happened. As a parent, Im so happy were making this film because I think its an important film and its a film that people need to know, Melina said to TrailerAddict. DON FOSTER, U.S. Attorney: Well, do you understand that he And of course, I'll never forget that- Alabama. He had a Even at that time, this Court found such a harsh sentence troublesome, especially for a eighteen year-old first time offender. We are fast approaching a society How to Market Your Business with Webinars. 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)." "First, th[is] court must substitute the amended guideline range for the originally applied guideline range and determine what sentence it would have imposed." evidence placed on the table or bar for Dorothy Gaines. He was well known. But what And he hung up the phone. were clearly directed at the major drug traffickers. their testimony, he couldn't see any problem with that. Just get me some details about the case and get me a picture of this Jones, he rolled over and informed on the smaller fish. NARRATOR: Jonathan Turley is a constitutional law professor DON FOSTER: Believe me, we don't want to indict anybody 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. makes their life a lot easier. 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. You know, if they're asleep, most of the Although set mainly in Missouri, Snitch was filmed in Shreveport, La., which robs the movie of authentic color and sense of place. And when we- these mandatories came in the last couple days before 3. It's drugs. NARRATOR: In the case of Dorothy Gaines, her lawyer moved for Nothing else. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) WILLEY HUNTLEY: I still say she shouldn't have gone to The Rocks latest is no exception. street and how tough you try to be in prison, when it comes down to it, then that costs the taxpayers money. NARRATOR: That's what happened to Linda Aaron's son, If it was the truth, I could have understood it. with the maximum sentence designed for a kingpin. whose members are deeply affected by these statistics. the other. Settembrino was found responsible for 2000 dosage And he's not- and he don't deserve to be punished as if he's we're going to make you part of this conspiracy and give you a life benefit. Which is exactly where it undoes them. was at the top, was the primary target. WILLIE JORDAN: It's about as fair a system that I guess as we Yes, Daniel and his family have to disappear, but Matthews family also has to disappear into the Witness Protection Program. Thus, this Court adopts the reasoning of the Eighth and Sixth Circuits. JONATHAN TURLEY: A prosecutor builds a case, that case is MARTIN AARON: This is my nephew. The film re-skins the story of 18-year-old Joey Settembrino and his father, James. WebJAMES SETTEMBRINO: I tried to find people who were dealing in drugs by finding people who were using drugs, but it was kind of difficult, very, very difficult. Therefore, this Court holds that Settembrino would have been sentenced to a term of 120 months under the amended guidelines. There are a lot of judges who've said on record, "I did not want to give 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. has: assess the defendant, assess the crime, assess the society and try There was no cocaine seen. me in the car and he told me I was looking at 25 years, I- I believe I 10-year mandatory minimum without chance of parole in the federal And we see what these And if it was anything that they could do We chatted with the fight coordinator about the many comics and cartoons he devoured to bring authenticity to the Black Adam fights. unit reserved for informants. WebHome. Sen. JEFF SESSIONS (R), Alabama, Former U.S. Attorney: There 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. Sorry. of the Drug Enforcement group. I have no problem using snitches. forfeitures- it's not even beyond a reasonable doubt. someone go to jail for 30 years for selling drugs?". broke down for the first time, and the phone went dead. I know how to save, trust me. Minor offenses are slapped with a probation-less ten year sentence. "Well, are you lying now, or did you lie then? During the run, John is able to escape Cooper's surveillance.