Theranos founder and former CEO Elizabeth Holmes arrives on the Robert F. Peckham U.S. Federal Court on June 28, 2019, in San Jose, Calif.

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Justin Sullivan/Getty Images

Theranos founder and former CEO Elizabeth Holmes arrives on the Robert F. Peckham U.S. Federal Court on June 28, 2019, in San Jose, Calif.

Justin Sullivan/Getty Images

Disgraced Theranos CEO Elizabeth Holmes won’t be beginning jail but.

Under guidelines from the ninth U.S. Circuit Court of Appeals, Holmes’ give up date, scheduled for Thursday, has been mechanically delayed till the courtroom guidelines on her attraction.

The delay is routine for ninth Circuit appeals and was anticipated by all events.

A spokesman for the U.S. Attorney’s Office for the Northern District of California declined to remark.

It comes 5 months after a federal choose sentenced Holmes to 11 years behind bars for deceptive traders about her blood-testing startup, which landed her on the quilt of nationwide magazines and made her a darling of Silicon Valley.

Holmes, 39, the mom of two, had been set to show herself over to the U.S. Marshal’s Office, which might switch her to a federal jail facility.

The courtroom really helpful the Federal Prison Camp at Bryan, Texas, about 100 miles outdoors of Houston, the place Holmes has household.

While it’s unclear when the appeals courtroom will rule on Holmes’ newest effort to undo her conviction, her co-defendant, Ramesh “Sunny” Balwani, the No. 2 at Theranos, was in a position to postpone his sentence by a couple of month on account of an identical automated appeals courtroom delay.

Balwani is currented incarcerated at a federal jail on Terminal Island in San Pedro, Calif.

Earlier this month, U.S. District Judge Edward Davila, who presided over Holmes’ trial, discovered that her appeal did not raise “substantial questions of law or fact,” and that she shouldn’t be allowed to stay out on bail as she fights her conviction.

But Holmes’ freedom is now within the palms of the Ninth Circuit.

Last January, Holmes was convicted of fraud and conspiracy for duping traders about know-how that she boasted would revolutionize how blood testing is carried out by testing for tons of of situations with only a pinprick of blood.

But the know-how by no means labored as promised. For occasion, prosecutors confirmed that Holmes relied on altered third-party machines, not the corporate’s personal proprietary gadgets, to conduct blood exams, which have been usually riddled with inaccuracies.

During the trial, Holmes expressed remorse and mentioned she wished she had operated the corporate in a different way.

“Every day for the past years I have felt deep pain for what people went through because I failed them,” Holmes mentioned on the time.

Lawyers for Holmes argued that she was being unfairly punished for working a enterprise that failed, and that she made a very good religion try to succeed earlier than the corporate imploded.

Holmes’ legal professionals requested the choose for dwelling confinement and group service and not more than a yr in a half in jail, citing her toddler and now new child little one who want care.

Prosecutors requested the choose that Holmes be sentenced to fifteen years, arguing that she “chose lies, hype and the prospect of billions of dollars over patient safety and fair dealing with investors.”

Ultimately, Davila handed down a jail time period of 11 years.

“This is a fraud case where an exciting venture went forward with great expectations and hope only to be dashed by untruth, misrepresentations, hubris, and plain lies,” said Davila last November earlier than asserting his punishment.

“I suppose we step back and we look at this, and we think what is the pathology of fraud? Is it the inability or the refusal to accept responsibility or express contrition in any way? Now, perhaps that is the cautionary tale that will go forward from this case.”