Elizabeth Holmes asks to remain out of prison pending appeal, cites pregnancy

Elizabeth Holmes has requested that a federal judge allow her to remain out of prison while she appeals her federal fraud convictions, arguing in part that she is not a flight risk due to her close family ties and pregnancy.

Attorneys for the disgraced Theranos founder filed the motion for release pending appeal Monday night, arguing her case satisfies the statutory requirements for the request to be granted. 

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Those conditions are that the defendant must not be a flight risk, the purpose of the appeal is not to delay, and "the appeal will present several substantial questions," the defense team wrote to U.S. District Judge Edward Davila.

In presenting their case for the first point, Holmes' attorneys noted that Davila already recognized Holmes is not a flight risk or a threat to the community, pointing out that he allowed her to remain out of custody both before and following her conviction.

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The filing goes on the say Holmes "has strong ties to her partner and family, including her son and soon-to-be-born child, that incentivize her to comply with her conditions of release."

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Judge Davila sentenced Holmes last month to 11.25 years in prison, after denying her multiple requests for a new trial. She is currently scheduled to self-surrender and begin serving that time in April.