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Former Theranos CEO Elizabeth Holmes on November 18, 2022 in San Jose, California.

Justin Sullivan | Getty Images

Disgraced Theranos founder Elizabeth Holmes will not go to prison this week, despite a judge’s order that she begin serving her 11-year sentence on Thursday.

Late Tuesday, Holmes’ attorneys appealed that ruling to the U.S. 9th Circuit Court of Appeals in San Francisco. Under the court’s rules, that means Holmes will remain free on bail for now.

Holmes, 39, has two children, the first of whom was born before her fraud trial in 2021. The second was born after her November sentencing.

A federal jury in San Jose, California, convicted Holmes last year on four counts of defrauding investors in her failed blood-testing company. In November, U.S. District Judge Edward Davila sentenced her to 11 years and three months in prison. Holmes’ attorneys asked that she be allowed to remain free on bail while she appeals her conviction, but earlier this month Davila denied that motion and ordered her to report to prison by April 27.

In their last-minute appeal, Holmes’ attorneys said Davila’s ruling contained “numerous, inexplicable errors,” including referring to “patient fraud counts” when Holmes was acquitted on the charges that she defrauded Theranos patients. They say she should be allowed to remain free while she appeals her conviction because the appeal is “likely to result in reversal.” The government has 10 days to respond to the motion.

Federal prosecutors have opposed Holmes’ efforts to remain free. In January, they argued Holmes was a flight risk, noting that she had booked a one-way flight to Mexico shortly before she was convicted. Davila agreed with defense lawyers that the plane ticket episode was merely an oversight, but he ruled that her appeal was unlikely to change the outcome of the case.

While Tuesday’s motion keeps Holmes out of prison for now, it may only be a brief reprieve. Holmes’ mentor and former boyfriend, Ramesh “Sunny” Balwani, convicted in a separate trial last year, also sought to remain free pending his appeal, and he appealed to the 9th Circuit when Davila denied his motion. But the appeals court turned down his request within three weeks. Last week, Balwani, 57, reported to a low-security federal prison in Los Angeles to begin serving his nearly 13-year sentence.

Holmes’ appeal of her conviction, filed last week, argues that Holmes could not have knowingly misrepresented her supposedly “revolutionary” blood-testing technology to investors because she genuinely believed the product worked.

“Highly credentialed Theranos scientists told Holmes in real time the technology worked. Outsiders who reviewed the technology said it worked. Theranos’ groundbreaking developments received many patents,” the appeal said.

Her attorneys argued that the government’s case “largely parroted the public narrative,” first laid out in a series of negative Wall Street Journal articles in 2015, that Holmes knowingly committed fraud.

The appeal challenges multiple rulings by Davila on evidence and witnesses, including allowing a former Theranos lab director to testify as an expert witness. This week, the National Association of Criminal Defense Lawyers filed a brief in support of Holmes’ appeal.

The organization argued that the government abused the rules on expert testimony in Holmes’ case, and that it is part of a trend.

“This sleight of hand is, regrettably, common,” attorney Brian Goldman wrote. “The government has previously subverted the requirements of the federal rules, and blurred the distinction between expert and lay testimony.”

The government has until May 3 to respond to Holmes’ appeal of the conviction.

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Tesla shares climb as Musk pledges to be ‘super focused’ on companies ahead of Starship launch

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Tesla shares climb as Musk pledges to be 'super focused' on companies ahead of Starship launch

Elon Musk listens as reporters ask U.S. President Donald Trump and South Africa President Cyril Ramaphosa questions during a press availability in the Oval Office at the White House on May 21, 2025 in Washington, DC.

Chip Somodevilla | Getty Images

Tesla shares gained about 5% on Tuesday after CEO Elon Musk over the weekend reiterated his intent to home in on his businesses ahead of the latest SpaceX rocket launch.

The billionaire wrote in a post to his social media platform X that he needs to be “super focused” on X, artificial intelligence company xAI and Tesla as they launch “critical technologies” on the heels of a temporary outage.

“As evidenced by the uptime issues this week, major operational improvements need to be made,” he wrote, adding that he would return to “spending 24/7” at work. “The failover redundancy should have worked, but did not.”

An outage over the weekend briefly shuttered the social media platform formerly known as Twitter for thousands of users, according to DownDetector. Earlier in the week, the platform suffered a data center outage. X has suffered a series of outages since Musk purchased the platform in 2022.

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Musk has previously indicated plans to step away from his political work and prioritize his businesses.

During Tesla’s April earnings call he said that he would “significantly” reduce his time running President Donald Trump‘s Department of Government Efficiency.

In the last election cycle, Musk devoted time and billions of dollars to political causes and toward electing Trump in 2024. However, a story over the weekend from the Washington Post, citing sources familiar with the matter, said that Musk has grown disillusioned with politics and wants to return to managing his businesses.

Last week, Musk said in an interview at the Qatar Economic Forum that he planned to spend “a lot less” on campaign donations going forward.

The comments from Musk precede SpaceX’s Starship rocket Tuesday evening. Pressure is on for the company after two Starship rockets exploded in January and March.

Ahead of the launch, Musk announced an all hands livestream on X at 1 p.m.

Tesla is still facing fallout from Musk’s political foray, with protests at showrooms and other brand damage.

In April, Tesla sold 7,261 cars in Europe, down 49% from last year, according to the European Automobile Manufacturers’ Association.

WATCH: Elon Musk: We have seen a major rebound in demand

Elon Musk: We have seen a major rebound in demand

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Trump advisor Hassett says ‘we don’t want to harm’ Apple with iPhone tariffs

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Trump advisor Hassett says 'we don't want to harm' Apple with iPhone tariffs

NEC Director Kevin Hassett on Trump's iPhone tariff threat: In the end, we don't want to harm Apple

National Economic Council Director Kevin Hassett said Tuesday that the Trump administration does not want to “harm Apple” with tariffs.

“Everybody is trying to make it seem like it’s a catastrophe if there’s a tiny little tariff on them right now, to try to negotiate down the tariffs,” Hassett told CNBC’s “Squawk Box” on Tuesday. “In the end, we’ll see what happens, we’ll see what the update is, but we don’t want to harm Apple.”

Hassett’s comments come after President Donald Trump said in a social media post that Apple will have to pay a tariff of 25% or more for iPhones made outside the U.S. Apple has historically manufactured its products in foreign countries including China, India and Vietnam.

“I have long ago informed Tim Cook of Apple that I expect their iPhone’s that will be sold in the United States of America will be manufactured and built in the United States, not India, or anyplace else,” Trump wrote in the post. “If that is not the case, a Tariff of at least 25% must be paid by Apple to the U.S. Thank your for your attention to this matter!”

By some estimates, a U.S.-made iPhone could cost as much as $3,500.

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“If you think that Apple has a factory some place that’s got a set number of iPhones that it produces and it needs to sell them no matter what, then Apple will bear those tariffs, not consumers, because it’s an elastic supply,” Hassett said.

Hasset’s comments continue the administration’s push to pressure companies to shoulder the cost burden of Trump’s tariffs, instead of raising prices for consumers.

Earlier this month, Trump told retail giant Walmart to “EAT THE TARIFFS” after the company warned it would have to pass those added costs on.

Shares of Apple were up more than 1% Tuesday.

Apple did not immediately respond to CNBC’s request for comment.

WATCH: NEC Director Kevin Hassett on Trump’s iPhone tariff threat: In the end, we don’t want to harm Apple

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Ambience announces OpenAI-powered medical coding model that outperforms physicians

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Ambience announces OpenAI-powered medical coding model that outperforms physicians

Dr. Priti Patel, CMIO at John Muir Health, uses Ambience before starting a patient encounter.

Courtesy of Ambience Healthcare

Artificial intelligence startup Ambience Healthcare on Tuesday announced a new medical coding model that outperforms doctors by 27%.

Ambience uses AI to draft clinical notes in real-time as doctors consensually record their visits with patients. The company used tools from OpenAI to build the new model.

The startup is part of a fiercely competitive market that has taken off as health-care executives search for solutions to help reduce staff burnout and daunting administrative workloads. 

The company’s new model can listen to patient encounters and identify ICD-10 codes, which are internationally standardized classifications for different diseases and conditions. There are about 70,000 ICD-10 codes that are regularly updated and used to facilitate billing and other reporting processes in health care. 

Ambience said its new ICD-10 model can reduce billing mistakes and help clinicians and professional coders work more efficiently. The model notched a “27% relative improvement over physician benchmarks,” according to a release on Tuesday.  

“We’re not replacing doctors or coders,” Brendan Fortuner, Ambience’s head of engineering, told CNBC in an interview. “What we’re doing is we’re liberating them from administration, and we’re fixing mistakes that help make health care better, safer, more cost-effective.”

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Documenting ICD-10 codes has traditionally been a labor-intensive task in health care, but it’s a crucial way to track outcomes, mortalities and morbidities in a standardized way, said Dr. Will Morris, the chief medical officer of Ambience.

“If you think about it from a data perspective, it’s how you can compare and contrast clinician A to B, or health system A to B,” Morris said in an interview. “It’s the cornerstone for quality.”

Ambience’s technology is used at more than 40 health-care organizations, like Cleveland Clinic and UCSF Health. It has raised more than $100 million, according to PitchBook, from investors including Kleiner Perkins, Andreessen Horowitz and the OpenAI Startup Fund. 

The company is reportedly seeking fresh capital at a valuation of over $1 billion, according to a report from The Information. Ambience declined to comment on the report. 

Ambience trained its new AI model using OpenAI’s reinforcement fine-tuning technology. This technology allows companies to tune OpenAI’s best reasoning models for very specific domains, like health care. 

To validate the model, Ambience tested it against a “gold panel” set of labels, the company said. The labels were established by a group of expert clinicians who evaluated complex clinical cases and came to an agreement on what the right codes were. 

Ambience’s AI platform for compliant documentation, CDI, and coding.

Courtesy of Ambience Healthcare

The company then recruited 18 different board-certified doctors and compared their performance on ICD-10 coding accuracy to the model’s performance. That comparison showed the Ambience technology performed 27% better than the physician baseline. 

“It shows for the first time that an AI system can actually surpass clinician experts at a very, very important administrative task, especially in coding,” Fortuner said. 

Ambience already has similar capabilities available for other medical codes like Current Procedural Terminology (CPT) codes, and Fortuner said it’s exploring how to tackle other areas like prior authorizations, utilization management and clinical trial matching. 

The company’s new ICD-10 model will roll out to customers over the summer.

“Getting it right at the point of care is a fundamental change,” Morris said.

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