Elizabeth Holmes takes her case to a new level.
Theranos Inc.'s founder filed a formal appeal against her fraud conviction late Monday. In her appeal, Holmes claimed that the government prosecutors and district court committed serious mistakes in her case which undermined her defence and led to an 11-year sentence.
In her appeal, Holmes stated that "These mistakes... resulted in an unjust conviction."
A federal jury convicted Holmes in January of last year, after a trial that lasted for months. Holmes was found guilty on four counts of defrauding Theranos' investors. In November, Edward Davila gave her a 135 month prison sentence.
In December, Holmes had informed the U.S. District Court of San Jose she intended to appeal her conviction. Her formal appeal was filed less than one week after Davila had denied her request that she remain free throughout the court proceedings. Holmes will surrender on April 27 to begin her prison term.
Holmes' case revolved around Theranos blood-testing technologies and what she understood of their capabilities. Theranos claimed it could perform a wide range of tests with just a drop of blood. The prosecutors charged that Holmes had raised money by promoting that claim, even though they knew it was false.
Holmes' lawyers have cited four grave errors as the basis for their appeal.
The court applied a lower standard for proof when assessing the facts of her case and determining the sentence.
Holmes stated in her appeal that the U.S. Court of Appeal of the Ninth Circuit, as a result of these errors, "should reverse or at least remand the case for resentencing."