BREAKING: Appellate court rejects Elizabeth Holmes' motion to stay out of prison. View latest coverage here.
Disgraced former Theranos CEO Elizabeth Holmes may be putting off prison one more time.
On Monday, her lawyer filed a new motion in the appeal of her fraud conviction, and the state now has 21 days to reply.
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Then, once more, Holmes' lawyers will have yet another 21 days to give a final response.
That timeline makes late June the soonest Holmes will likely be ordered to begin serving her 11-year prison sentence.
Holmes, 39, has two children, the first of whom was born before her fraud trial in 2021. The second was born after her November sentencing.
A federal jury in San Jose convicted Holmes last year on four counts of defrauding investors with her failed blood-testing company Theranos.
In November, U.S. District Judge Edward Davila sentenced her to 11 years and three months in prison. Holmes' attorneys asked that she be allowed to remain free on bail while she appeals her conviction, but Davila denied that motion and ordered her to report to prison by April 27.
In a 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. They said she should be allowed to remain free while she appeals her conviction because the appeal is "likely to result in reversal."
