The following excerpt is from Potillor v. Estelle, 12 F.3d 1108 (9th Cir. 1993):
These factors are not outweighed by the facts established by Potillor. In People v. Axtell, 173 Cal.Rptr. 360 (Cal.App.1981), the defendant was convicted of kidnapping a bank executive and his family for 4 1/2 hours in order to rob the executive's bank. The defendant sought probation as an "unusual case" under section 1203(e). One hundred and thirty letters from the defendant's family and community had been submitted to the court in support of his probation request. The letters and the defendant's probation report indicated that the defendant was an intelligent and well-liked person who was a hard worker and a leader. They further stated that the defendant had fallen into an alcohol and cocaine addiction, which had caused a change in his personality that had led to his involvement in the kidnapping. The defendant also expressed remorse for the crime and claimed that his imprisonment had permitted him to overcome his alcohol and drug dependency.
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