Denied!
Court denies Elizabeth Holmes' motion to stay out of prison as she appeals her conviction
She'll be getting a new date to report to prison shortly.
edit -
Here's the order from the Court of Appeals:
No. 22-10312
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FILED
MAY 16 2023
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
D.C. No. 5:18-cr-00258-EJD-1 Northern District of California, San Jose
ORDER
Before: GRABER, NGUYEN, and SUNG, Circuit Judges.
Appellant’s motion for bail pending appeal (Docket Entry Nos. 36-38) is denied. Appellant has not shown that: (1) the appeal raises a “substantial question” of law or fact that is “fairly debatable,” and (2) if that question is decided in appellant’s favor, the likely outcome is reversal, an order for a new trial on all counts resulting in imprisonment, a sentence that includes no term of imprisonment, or a sentence with a term of imprisonment less than time served plus the expected duration of the appeal process. See 18 U.S.C. § 3143(b)(1)(B); United States v. Handy, 761 F.2d 1279, 1283 (9th Cir. 1985).
The existing briefing schedule remains in effect.
Court denies Elizabeth Holmes' motion to stay out of prison as she appeals her conviction
She'll be getting a new date to report to prison shortly.
edit -
Here's the order from the Court of Appeals:
No. 22-10312
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FILED
MAY 16 2023
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
D.C. No. 5:18-cr-00258-EJD-1 Northern District of California, San Jose
ORDER
Before: GRABER, NGUYEN, and SUNG, Circuit Judges.
Appellant’s motion for bail pending appeal (Docket Entry Nos. 36-38) is denied. Appellant has not shown that: (1) the appeal raises a “substantial question” of law or fact that is “fairly debatable,” and (2) if that question is decided in appellant’s favor, the likely outcome is reversal, an order for a new trial on all counts resulting in imprisonment, a sentence that includes no term of imprisonment, or a sentence with a term of imprisonment less than time served plus the expected duration of the appeal process. See 18 U.S.C. § 3143(b)(1)(B); United States v. Handy, 761 F.2d 1279, 1283 (9th Cir. 1985).
The existing briefing schedule remains in effect.
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