Elizabeth was found guilty of conspiracy and wire fraud and asked a judge to throw it out.
The request was filed late Friday in federal court in San Jose, California.
In a fraud case in the federal circuit court of appeals, one appeal a year is successful because of the insufficiency of the evidence challenges.
The founder and former CEO of Theranos was acquitted of four counts of deceiving patients, but was convicted of four counts of conspiracy and wire fraud. The jury couldn't agree on three counts.
She was found guilty of conspiring with Balwani to commit fraud, but her lawyers argued that there was no evidence of an agreement.
The government showed jurors many emails and text messages to show coordination.
The text provided no inkling that Mr. Balwani and Ms. Holmes were scheming to cheat Mr. Murdoch.
Even if the judge granted the motion, the government would still appeal to the Ninth Circuit.
The wire fraud counts that she was convicted of were the crux of the government's case against her.
The charges were based on the fact thatHolmes lied about the capabilities and accuracy of the blood analyzer. The investor fraud counts relied on the testimony of a woman, according to the lawyers. They said that Cheung testified about failures of the Theranos results before they were promoted to investors.
The investors of Theranos were focused on the long-term goals of the company and its ability to impact health care in the future.
A hearing will be held in July to consider the request. She will be sentenced in September.
Balwani's trial on the same charges is still going on.
Abraham Simmons, a spokesman for the US Attorney's Office in San Francisco, didn't respond to a request for comment.
ElizabethHolmes may hold her ticket to less prison time.
The case is in the Northern District of California.
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