The U.S. Court of Appeals for the Ninth Circuit, which is hearing her appeal, said Holmes’ appeal failed to raise a substantial question of law or fact.
Theranos founder Elizabeth Holmes on Tuesday afternoon lost her final bid to stay out of prison while she appeals her fraud conviction and sentence.
The U.S. Court of Appeals for the Ninth Circuit in a one-page ruling denied Holmes’ attempt to overturn her trial judge’s decision on her incarceration date.to reverse U.S. District Court Judge Edward Davila’s order that she surrender herself for imprisonment April 27, arguing that Davila made “numerous, inexplicable errors” when he denied her attempt in district court to delay her incarceration.
The Ninth Circuit, which is hearing her appeal, said Holmes had failed to raise a substantial question of law or fact in her appeal of her conviction and sentence. Holmes was convicted by a jury in U.S. District Court in San Jose in January 2022 after a four-month trial of defrauding investors in her now-defunct Palo Alto blood-testing startup out of more than $144 million. In November, Davila sentenced her to more than 11 years in prison but allowed a pregnant Holmes to defer incarceration until April 27 in a decision legal experts said was likely to allow her to give birth to her second child.
However, Holmes in December, shortly after notifying the court she would appeal her conviction and sentence, asked Davila to let her remain free until the appeal is finished, which could take a year or more. Davila in April shot down that attempt at deferred imprisonment, but later that month, Holmes succeeded in delaying her incarceration, by appealing Davila’s decision to the Ninth Circuit.
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