A judge in San Francisco denied the request for a new trial on Monday, paving the way for the entrepreneur to be sentenced next week for defrauding investors.
In the months since she was found guilty of four counts of wire fraud and conspiracy, Ms.Holmes has been trying to change her mind. There were three requests for a new trial she made.
The judge said they did not meet the bar for a new trial.
She is scheduled to be sentenced in November. The maximum sentence for each fraud count is 20 years in prison.
The woman appeared to be pregnant with a second child. She is living in California with her partner and son. She is going to file an appeal.
The lawyer did not reply to the request.
An unusual visit to her home in August by Dr. Adam Rosendorff, a key witness for the prosecution, was one of the factors that led to Ms.Holmes requesting a new trial.
He was ordered to appear in court to affirm his testimony after he was accused of making statements that called into question his testimony.
During his testimony last month, Dr. Rosendorff explained that he had visited Ms. Holmes to find a solution to the saga.
The mental health and state of mind of Dr. Rosendorff were questioned by Mr.Holmes's lawyers. The government was accused of painting a skewed picture by using a comment he made at Ms.Holmes.
The statements Dr. Rosendorff made on the stand were all correct, according to his testimony. He said that one comment he made, that "everyone was working so hard to do something good and meaningful" at Theranos, did not include Ms.
The judge found the statements under oath to be credible. There were arguments from the trial of Mr. Balwani and a missing database of test results that did not merit a new trial.
The judge wrote that the arguments would strain credulity and that they were not likely to result in an acquittal.
Mr. Balwani was found guilty of 12 counts of fraud and conspiracy this summer and is due to be sentenced in December.
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