Tory Lanez has asked a judge to vacate his 10-year prison sentence for shooting Megan Thee Stallion. This comes after his bodyguard, Jaquan Smith, making a statement saying that he didn't see who fired the gun.

According to Meghann Cuniff, crime reporter, Lanez has petitioned for a re-sentencing regarding his conviction. The filing also contains arguments such as Tory's "childhood trauma" should be considered by the appellate court and that his status as a non-American citizen who now faces deportation to Canada counts as discrimination.

The petition will be considered along with Lanez appeal

Los Angeles attorney David Zarmi, a certified appellate specialist who is not involved in the case, reviewed the petition for Legal Affairs and Trials and said "it seems unlikely the Court would accept this."

"This would ordinarily be an ineffective assistance of counsel argument, which they don't raise in a way that the Court would consider it, and which would normally be accompanied by a declaration for trial counsel describing his motives," Zarmi said.

"They are being creative by arguing that because nobody bothered to check what Smith's testimony would be before trial counsel stipulated that Smith would not testify.

"However, there is no declaration attached to indicate that trial counsel did not know what Smith's testimony would be. Nor is there even a declaration from the defendant. It seems unlikely the Court would accept this."

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