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Mine-run case

Discussion in 'English Only' started by ayed, Jan 4, 2011.

  1. ayed Senior Member

    Riyadh
    Arabic
    Hello, folks.
    Context: Court

    I've looked for the meaning of"mine-run case" but in vain.

    For the first appearance, it seems to me to be "a personal case"?

    Who is to be the first volunteer and picks up the plough to unreath around to bring me a clear answer?

    My regards

    Ayed:cool:
     
  2. Copyright

    Copyright Senior Member

    Penang
    American English
    Who will be the first to give us a sentence? I volunteer you.
     
  3. ayed Senior Member

    Riyadh
    Arabic
    Thanks..Here you are from the 5th paragraph:
    http://www.gibsondunn.com/publications/pages/SupremeCourt-SentencingGuidelines.aspx

    "...Of potential concern to criminal defendants is the Supreme Court’s dictum in Kimbrough that sentences outside the Guidelines range “attract greatest respect” when the case is not “a mine-run case” and that “closer review may be in order” in a mine-run case “when the sentencing judge varies from the Guidelines based solely on the judge’s view that the Guidelines range ‘fails properly to reflect §3553(a) considerations.’” Nonetheless, the majority opinion admitted that this issue was not properly presented in this case because the crack Guidelines “do not exemplify the Commission’s exercise of its characteristic institutional role” that would warrant the type of respect it receives in mine-run cases, on account of the Commission’s failure to take account of “empirical data and national experience.”
     
  4. Copyright

    Copyright Senior Member

    Penang
    American English
    I found this at the Free dictionary:

    mine run - not special in any way; "run-of-the-mill boxing"; "your run-of-the-mine college graduate"; "as unexceptional an incident as can be found in a lawyer's career"
    run-of-the-mill, run-of-the-mine, unexceptional
     
  5. ayed Senior Member

    Riyadh
    Arabic
    Outstanding, Copyright!
    Honestly, I've flipped through my dictionary and few others but no way.

    As usual, a concise and clear answer.Thanks heaps
     
  6. I wonder if "mine-run" is a legal term, or at least more common in the law than elsewhere in English. I've never heard it before.
     
  7. Copyright

    Copyright Senior Member

    Penang
    American English
    I've never heard it either -- although I do see that Google results often show legal cases. For me, turning run-of-the-mine (which I've never heard) into mine-run makes about as much sense (very little) as turning run-of-the-mill into mill-run.

    Obviously it can be done if everyone in the club (legal fraternity?) knows what you mean, but I don't think most ordinary people will know what it means. Which is why I just quoted a definition without offering any viewpoint.
     
  8. ayed Senior Member

    Riyadh
    Arabic
    Thanks a little edgy and Copyright for the extended explanation..
     
  9. se16teddy

    se16teddy Senior Member

    London
    English - England
    I found this further explanation of mine-run on line, in a report on the case of Funk: http://www.ca6.uscourts.gov/opinions.pdf/08a0264p-06.pdf

    ... the Court has drawn a distinction between those cases that fall within the “heartland” of cases “to which the Commission intends individual guidelines to apply,” ..., which the Court has dubbed “mine-run cases” — and those that do not:

    In the ordinary case, the Commission’s recommendation of a sentencing range will reflect a rough approximation of sentences that might achieve §3553(a)’s objectives. The sentencing judge, on the other hand, has greater familiarity with the individual case and the individual defendant before him than the Commission or the appeals court. The sentencing judge is therefore in a superior position to find facts and judge their import under § 3353(a) in each particular case. In light of these discrete institutional strengths, a district court’s decision to vary from the advisory Guidelines may attract greatest respect [from the reviewing court on appeal] when the sentencing judge finds a particular case outside the ‘heartland’ to which the Commission intends individual Guidelines to apply. On the other hand, while the Guidelines are no longer binding, closer review [by the appellate court] may be in order when the sentencing judge varies from the Guidelines based solely on the judge’s view that the Guidelines range fails properly to reflect § 3553(a) considerations even in a mine-run case.


    It seems, then, that sentencing guidelines have been produced, but these sentencing guidelines are only intended to apply to drugs criminals whose crimes are of a conventional kind. The courts have got in the habit of calling these conventional kinds of crime "mine-run cases" (Judge Batchelder doesn't explain why). In other drugs cases, of a more exceptional kind, the courts are free to disregard these sentencing guidelines. ​
     
    Last edited: Jan 8, 2011

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