U.S. District Judge Edward Davila's decision - and Holmes' reporting date for a potential stint in prison -- could be affected by the former entrepreneur's second pregnancy in two years.
"She will be no more of a flight risk after she is sentenced that she was while awaiting sentencing," Levin said. "We have to temper our sentences with some measure of humanity."
"There is a pretty healthy debate about what kind of sentence is needed to effect general deterrence to send a message to others who are thinking of crossing that line from sharp salesmanship into material misrepresentation," Kramer said.Federal prosecutor Robert Leach emphatically declared Holmes deserves a severe punishment for engineering a scam that he described as one of the most egregious white-collar crimes ever committed in Silicon Valley.
Even though Holmes was acquitted by a jury on four counts of fraud and conspiracy tied to patients who took Theranos blood tests, Leach also asked Davila to factor in the health threats posed by Holmes' conduct.
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