Just hours before Balwani was supposed to surrender to authorities, his lawyer filed documents notifying U.S. District Judge Edward Davila that he wouldn’t be doing so.
The notice cited a last-minute appeal of a recent Davila ruling rejecting Balwani’s request to remain free while trying to overturn his conviction on 12 counts of fraud and conspiracy. The Wednesday appeal of Davila’s March 9 ruling triggered an automatic stay of his prison reporting date, which had been set for 2 p.m. PT Thursday.
That’s because Balwani, 57, has been free on bail since a jury convicted him last July, triggering a clause that allows him to remain free on bail until the Ninth Circuit Court of Appeals weighs in on Davila’s ruling issued last week, according to the notice filed by Balwani’s attorney, Jeffrey Coopersmith.
Source: Ex-Theranos exec finds way to delay start of prison sentence – The Washington Post