Elizabeth Holmes has at least one more opportunity to stay out of prison after a judge sentenced the once-aspiring biotech entrepreneur to 11 years and three months behind bars.
Once an appeal is filed, Holmes can request to remain out of custody while her appeal is considered by the 9th Circuit Court of appeals.
Second, she would need to prevail in her appeal. Even the appellate court cannot overturn Davila’s sentence, unless it finds that he miscalculated Holmes’ punishment under the U.S. Sentencing Guidelines. “If there's an appeal, sometimes they'll keep the people out [of prison] pending appeal, and sometimes they put them in jail, even though there's an appeal pending,” Clark said.
“That’s one of the things the government is going to say — that she should go to jail while the appeal is pending,” Clark said. “Sometimes it works, sometimes it doesn’t.”Appeals can be based on rulings on testimony and evidence, whether the judge’s rulings during the course of the actual trial are consistent, and whether Holmes was granted or denied the opportunity to put in any exculpatory evidence.
“The fact is, Elizabeth Holmes testified. That was a gambit,” he said. “And ultimately, the jury made its decision in large part based on whether it did or did not believe Elizabeth Holmes. So I think the appeal is going to be tough sledding for the defense.”
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Theranos founder Elizabeth Holmes sentenced to 11 years in prison for fraudElizabeth Holmes, the disgraced Theranos founder was once compared to Steve Jobs before she was convicted of defrauding investors who backed the now-defunct blood-testing company.
Read more »
Elizabeth Holmes Is Sentenced to More Than 11 Years in JailSeven years on from the exposure of her company Theranos’s dubious scientific claims, Elizabeth Holmes received a sentence of 11 years and three months in jail at a San Jose courthouse on November 18.
Read more »
Elizabeth Holmes and Sam Bankman-Fried: How wunderkinds go wildTheranos' Elizabeth Holmes and FTX's Sam Bankman-Fried were two tech entrepreneurs who rose and fell on bad decision-making. Coaching may have prevented disaster.
Read more »
The News You Need To Read This MorningTrump’s return to Twitter, Theranos’s Elizabeth Holmes prison sentence, and Malaysia’s pursuit of a democratic election.
Read more »
Sam Bankman-Fried’s crypto ‘fraud’ joins Hall of Shame with Madoff, HolmesIt may be a bit too early to lump Sam Bankman-Fried into the same bucket as infamous fraudsters Bernie Madoff and Elizabeth Holmes — or maybe not.
Read more »
THE TALENTED MS. HOLMES | Vanity Fair | October 2016From the moment Elizabeth Holmes arrived on the tech scene, around 2003, as a 19-year-old Stanford dropout with a world-changing idea, an epic ambition, and a Steve Jobs-ian aura, her rise was meteoric. By last October, her revolutionary blood-testing start-up, Theranos, was valued at some $9 billion, and she had been anointed the world's youngest self-made female billionaire. Then a Wall Street Journal reporter began looking at the science. In the wake of Theranos's stunning collapse, amid civil and criminal investigations and class-action lawsuits, NICK BILTON explains why Silicon Valley saw only what Holmes wanted it to see
Read more »