In a ruling that perhaps only Elizabeth Holmes herself was optimistic about, the Ninth Circuit Court of Appeals has denied Elizabeth Holmes's attempt to see her fraud conviction overturned.

The co-founder and former CEO of Theranos, a company that infamously promised to revolutionize healthcare via blood-tests that required only pinprick amounts of blood, but whose technology never actually succeeded in that task, will continue to serve out her nine-year-and-seven-month sentence, the appeals court has ruled. As ABC News reports, the Ninth Circuit upheld both the convictions of Holmes and her co-conspirator Ramesh "Sunny" Balwani, who was tried separately.

Holmes's defense had sought to characterize Holmes as a victim of Balwani's controlling influence, however evidence showed that the pair were both given ample evidence by staff that their blood-testing machines did not work, and yet continued to mislead investors.

A three-judge panel at the Ninth Circuit was unanimous in its ruling, and Judge Jacqueline Nguyen wrote for the majority, "There is no basis to conclude that [federal prosecutors'] evidence lacked sufficient indicia of reliability. Because the district court’s factual findings are not clearly erroneous, we affirm Defendants’ sentences."

The ruling further reaffirmed the restitution order — that Holmes and Balwani owe 14 investors $452 million, the entirety of their lost investments. Defense attorneys had argued that the amount was unfair, but the appeals judges rule that because investors were not given sufficient notice of the state of the company, they were "never able to recover any amount of residual value that the stock may have retained." So they are therefore entitled to being made "whole" by the defendants.

Perhaps anticipating that this ruling was imminent, or not, Holmes gave a recent exclusive interview to People magazine in which she continued to maintain her innocence. She did, however, suggest that "there are things I would have done differently," and "I’m not the same person I was back then."

Holmes reportedly gets to see her two small children in visitations twice a week, with her partner of eight years Billy Evans. Holmes is serving her sentence at a minimum-security facility in Bryan, Texas, 95 miles northwest of Houston.

It is, incidentally, the same facility where Jen Shah of The Real Housewives of Salt Lake City is serving time.

Holmes is due out in 2032, after her 11.25-year sentence was reduced last year to nine years and seven months for good behavior.

Holmes said she has been coaching other inmates set to be released on their resumes, and teaching French to inmates in her spare time. She told People that she still is noodling on "inventions," and intends to start another company after her release.

Previously: Elizabeth Holmes Still Says She's Innocent, Gives Prison Interview to 'People' Magazine

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