NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 23 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-30021

Plaintiff-Appellee, D.C. No. 18-17-SEH-01

v. MEMORANDUM* OMAR GALLARDO TORRES,

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Sam E. Haddon, Senior District Judge, Presiding

Argued and Submitted December 12, 2019 Seattle, Washington

Before: HAWKINS and McKEOWN, Circuit Judges, and PRATT,** District Judge.

Defendant-Appellant Omar Gallardo Torres, a citizen of Mexico, appeals the

district court’s imposition of a five-year term of supervised release that the court

labeled “inactive” while Gallardo Torres is outside the United States under a

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

** The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa, sitting by designation. lawful deportation order. We have jurisdiction under 28 U.S.C. § 1291. We

review for an abuse of discretion, United States v. Collins, 684 F.3d 873, 888 (9th

Cir. 2012), and affirm.

A term of supervised release cannot be tolled, stayed, or suspended while a

person is outside the United States pursuant to a lawful deportation order.1 See

United States v. Ignacio Juarez, 601 F.3d 885, 890 (9th Cir. 2010) (per curiam);

United States v. Murguia-Oliveros, 421 F.3d 951, 952, 954 (9th Cir. 2005).

However, the district court here did not impose a tolled, stayed, or suspended term

of supervision. Rather, the court acknowledged that while Gallardo Torres was not

residing in the country, he could not be directly and actively supervised by the

Probation Office and would therefore be under inactive supervision. If Gallardo

Torres thereafter returned to the United States, he would then be subject to active

supervision.

AFFIRMED.

1 Gallardo Torres’s claim is ripe for review on direct appeal because his supervised release term forms “a part of the district court’s sentence, which is a final judgment subject to immediate appeal.” United States v. Rodriguez- Rodriguez, 441 F.3d 767, 771–72 (9th Cir. 2006) (citing 18 U.S.C. § 3742(a)).