By Chris Villani

Law360 (April 22, 2020, 6:10 PM EDT ) The woman whose family's company created Hot Pockets has asked to serve her five-month sentence as part of the "Varsity Blues" college admissions case in home confinement rather than prison, citing the ongoing COVID-19 pandemic.

Michelle Janavs was sentenced to five months in prison after admitting to paying $100,000 to scheme mastermind William "Rick" Singer to boost two of her daughters' ACT scores, and agreeing to pay $200,000 more to have one of them admitted to the University of Southern California as a fake volleyball recruit. In a motion on Wednesday, her attorneys said she is ready and willing to accept responsibility, but an unspecified underlying health condition makes serving a sentence in home confinement safer than being committed to the custody of the Bureau of Prisons.

"If Ms. Janavs were to surrender to BOP custody, she is highly likely to become infected with COVID-19," the motion argued. "And because of her underlying health condition, she faces a much higher risk than others of serious complications, hospitalization, or death from the virus."

"By contrast, home incarceration in lieu of BOP custody for the same period would impose sufficient punishment without the corresponding risk of disease and death," the motion added.

In making the pitch to U.S. District Judge Nathaniel M. Gorton, Janavs' lawyers noted that their client has been sent a strong message about the severity of what she did, noting the major news networks that covered her sentencing and her feelings of remorse.

But with the pandemic raging and conditions behind bars making it impossible to practice social distancing, she would not be safe in prison, they argued.

The government has signaled it will oppose the motion. A spokesperson for the U.S. attorney's office declined to comment Wednesday.

Janavs pled guilty in October to one count of conspiracy to commit mail and wire fraud and honest services mail and wire fraud, along with one count of money laundering conspiracy. She would have been tried along with actress Lori Loughlin and others whose alleged "Varsity Blues" fraud was tied to USC.

Judge Gorton denied a bid to avoid jail by another parent who pled guilty in the case, Elizabeth Henriquez, who also cited the pandemic, her age and underlying health conditions.

"Although we are indeed in the midst of a public health crisis, I will not forfeit the obligation of a federal judge to impose a sentence that is warranted by the defendant's conduct," Judge Gorton said as he sentenced Henriquez to seven months in prison.

The judge did say he would be open to pushing back Henriquez's June 30 report date if the pandemic has not abated by then. According to Janavs' motion, the government does not oppose delaying the start of her prison term, set for April 7, by 60 days.

But delaying the start of the prison term would also cause undue hardship, Janavs argued.

"She pled guilty straight up and chose not to pursue an appeal or post-conviction relief because she wanted to pay her debt to society and put this behind her," the motion said. "Delaying her surrender date not only prolongs the anxiety and anticipation of serving time, it also delays the date she finishes her term."

Janavs' father started the company that became Chef America in the family's kitchen. The company went on to create Hot Pockets.

Her counsel did not immediately respond to comment requests Wednesday.

The government is represented by Eric S. Rosen, Justin D. O'Connell, Leslie A. Wright and Kristen A. Kearney of the U.S. Attorney's Office for the District of Massachusetts.

Janavs is represented by William D. Weinreb of Quinn Emanuel Urquhart & Sullivan LLP, Thomas H. Bienert and John L. Littrell of Bienert Katzman PC and Jonathan L. Kotlier of Nutter McClennen & Fish LLP.

The case is U.S. v. Sidoo et al., case number 1:19-cr-10080, in the U.S. District Court for the District of Massachusetts.

--Editing by Alanna Weissman.

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