Balwani Goes To Lompoc Satellite Camp On March 15, 2023 — For 13 Years. Joint Hearing With Holmes, On Restitution?

Well… the sentencing has turned out… all as expected (if a little light). Interestingly, the two — Holmes and Balwani — are now both likely to appear in San Jose federal district court, same day, same hearing… and at the same table(!) — so that Judge Davila might decide how much each will owe in a restitution order. [That could be… over $400 million, between them.]

It seems plain the able judge means to wrap that up, before either of them reports to prison. If so, that will be one… icy co-counsel table. Heh.

Here’s the full Balwani sentencing order, and the bit:

…The Court also requests Counsel confer with Co-Defendant Counsel regarding whether a joint restitution hearing should be held, and to provide the information and proposed dates and schedule to the Courtroom Deputy….

We will — of course, keep you posted.

नमस्ते

[U] Nah. I Don’t Think She Can Show A Strong Likelihood Of Success On Appeal.

Updated 1:30 PM EST: I just plum forgot that Sunny is being sentenced today. Since he was convicted on all 12 counts, and Holmes only on four, one might expect a tripled sentence. But I’d only guess it will be around 17 years, all in. That’s my guess — end, updated portion.

I firmly believe Ms. Holmes will surrender to the appropriate federal authorities, about an hour east of Austin, Texas — and go directly to jail, on April 27, 2023.

Just as the able USDC Judge Davila has ordered, as of November 18, 2022.

If he’d been inclined to let her remain out on bail, while she doubtlessly filed her appeals, he would have said so. No, he set a firm date, knowing full-well that her first brief would have just recently filed (on what everyone well-knew would be an appeal calendar’s set dates), in the Ninth Circuit.

So — because she cannot show a “strong likelihood” that the jury got it wrong, or that the evidence admitted at trial was improperly obtained, or that Judge Davila ignored (on the high side) the sentencing guidelines… she will report to Camp Bryan, Texas in the last week of April 2023, minus her two toddlers. That is my prediction.

Now you know.

Onward.

Holmes’ Federal Appeal Notice Is Filed… First Ninth Circuit Brief Is Due About Two Months Before She Reports To Prison, In Texas…

Well… obviously, my experienced view is that this will not matter in any important way, to the overall narrative arc.

Her opening brief is due on March 3, 2023 — and the government’s is due a month later — on April 3, 2023.

And I strongly suspect Judge Davila intends to have her report in Texas, to begin her custodial sentence on April 27, 2022.

It is usually true in federal felony jury verdicts of guilty, that the sentencing judge will say, in effect — “if I’m mistaken about the LENGTH of your sentence, an appeals court may (in a year or so) shorten it… but a jury found you guilty on scads of evidence… so, justice and the public interest is entitled to see you at least start your 11 year sentence.” Here’s the notice text:

…Elizabeth Holmes hereby appeals to the United States Court of Appeals for the Ninth Circuit from the final judgment of the district court announced in this action on November 18, 2022 (“Judgment”); from any and all adverse rulings incorporated in, antecedent to, or ancillary to the Judgment; and from any and all adverse interlocutory orders, judgments, decrees, decisions, rulings, and opinions that merged into and became part of the Judgment, that shaped the Judgment, that are related to the Judgment, or upon which the Judgment is based. Dkt. 1660.

Once the district court enters the Judgment on the docket, this notice of appeal shall be “treated as filed on the date of and after the entry” of final judgment pursuant to Fed. R. App. P. 4(b)(2)….

We shall see. But this is highly unlikely to let her remain free for another year, as some MSM outlets breathlessly guessed, a week or so ago. That is not how this all usually works.

Onward, smiling….