Holmes, who rose to fame after claiming Theranos' small machines
could run an array of diagnostic tests with just a few drops of
blood, was convicted at trial in San Jose, California last year.
U.S. District Judge Edward Davila sentenced Holmes to 11 years
and three months in prison in November. Holmes asked Davila to
postpone the sentence while the 9th U.S. Circuit Court of
Appeals reviews her case.
Davila concluded that even if Holmes won her appeal to challenge
the Theranos technology evidence, it wouldn't result in a
reversal or a new trial of all the counts she was found guilty
of.
"Contrary to her suggestion that accuracy and reliability were
central issues to her convictions, Ms. Holmes’s
misrepresentations to Theranos investors involved more than just
whether Theranos technology worked as promised," he said.
Holmes, who is scheduled to begin serving her sentence in April,
may ask the 9th Circuit to grant bail.
In denying the release appeal, Davila noted that Holmes was
unlikely to flee or endanger the community.
Prosecutors said during the trial that Holmes misrepresented
Theranos' technology and finances. Holmes testified in her own
defense, saying she believed her statements were accurate at the
time.
On appeal, Holmes plans to challenge several of the judge's
rulings, including his allowance of evidence about Theranos'
test accuracy that postdated her statements to investors.
Holmes' co-defendant, former Theranos President Ramesh "Sunny"
Balwani, was convicted of defrauding Theranos investors and
patients at a separate trial and sentenced to 12 years and 11
months in prison.
In March, Davila denied Balwani's request to remain free on bail
during his appeal. The 9th Circuit also ruled that Balwani's
sentence should not be postponed while it considers his case.
The case is U.S. v. Holmes et al., U.S. District Court, Northern
District of California, No. 18-00258.
(Reporting by Jody Godoy in New York and Bharat Govind Gautam in
Bengaluru; Editing by Bill Berkrot and Gerry Doyle)
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