A federal judge has rejected former Theranos executive Ramesh “Sunny” Balwani’s bid to remain free while he appeals his conviction for crimes he committed during a blood-testing scam he orchestrated with his former boss and lover, Elizabeth Holmes.
The 17-page ruling issued late Thursday pushes Balwani, 57, a step closer to having to begin a nearly 13-year prison sentence he received after a jury convicted him of 12 counts of fraud and conspiracy last year.
Balwani is scheduled to report to prison March 16 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. He had been scheduled to report March 15, but was granted an additional day of freedom in another order issued late Thursday by U.S. District Judge Edward Davila.
Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents. The 121-year-old prison has been plagued by misconduct and other abuses described by whistleblowers during a congressional hearing last year.
Davila, who sentenced Balwani and denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison. That facility is located about 250 miles (400 kilometers) from the San Jose, California, courtroom where his trial unfolded last year.