But the appeals court turned down his request within three weeks. Holmes' mentor and former boyfriend, Ramesh "Sunny" Balwani, convicted in a separate trial last year, also sought to remain free pending his appeal, and he appealed to the 9 th Circuit when Davila denied his motion. While Tuesday's motion keeps Holmes out of prison for now, it may only be a brief reprieve. Davila agreed with defense lawyers that the plane ticket episode was merely an oversight, but he ruled that her appeal was unlikely to change the outcome of the case. In January, they argued Holmes was a flight risk, noting that she had booked a one-way flight to Mexico shortly before she was convicted. They say she should be allowed to remain free while she appeals her conviction because the appeal is "likely to result in reversal." The government has 10 days to respond to the motion.įederal prosecutors have opposed Holmes' efforts to remain free. In their last-minute appeal, Holmes' attorneys said Davila's ruling contained "numerous, inexplicable errors," including referring to "patient fraud counts" when Holmes was acquitted on the charges that she defrauded Theranos patients. Holmes' attorneys asked that she be allowed to remain free on bail while she appeals her conviction, but earlier this month Davila denied that motion and ordered her to report to prison by April 27. District Judge Edward Davila sentenced her to 11 years and three months in prison. The second was born after her November sentencing.Ī federal jury in San Jose, California, convicted Holmes last year on four counts of defrauding investors in her failed blood-testing company. Holmes, 39, has two children, the first of whom was born before her fraud trial in 2021. Personal Loans for 670 Credit Score or Lower Personal Loans for 580 Credit Score or Lower Best Debt Consolidation Loans for Bad Credit
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