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From: Mercado, Rachel (USATXW)

Sent: Friday, April 16, 2021 10:15 AM

To: 'John De La Vina'

Cc: Marshall, Mark (USATXW)

Subject: RE: Cory Patton

Counsel: 

I have loaded a courtesy copy of the first two batches of discovery that were produced on February 23, 

2021, to the hard drive you provided on April 6, 2021. Please feel free to stop by the USAO front desk 

at your convenience to pick-up. 

Have a great weekend! 

Rachel 

From: Mercado, Rachel (USATXW)  

Sent: Wednesday, April 7, 2021 1:30 PM

To: 'John De La Vina' <john@delavinalaw.com>

Cc: Marshall, Mark (USATXW) <MMarshall1@usa.doj.gov>

Subject: RE: Cory Patton

CounselI received your hard drive. The power cable is not attached. Please send over the power cable at your 

earliest convenience. 

The contents of the Blu-ray will be loaded to your hard drive as soon as possible. Currently estimated 

for the week of April 26th. 

Rachel 

From: Mercado, Rachel (USATXW)  

Sent: Tuesday, March 30, 2021 10:28 AM

To: John De La Vina <john@delavinalaw.com>

Subject: RE: Cory Patton

I believe Mark sent you the case agent information. I don’t have any other passwords, other than the 

one I provided on this chain. Please contact the case agent. 

From: John De La Vina <john@delavinalaw.com>  

Sent: Tuesday, March 30, 2021 10:24 AM

To: Mercado, Rachel (USATXW) <RMercado@usa.doj.gov>

Subject: Re: Cory Patton

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 1 of 8
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Good morning,

Any luck on figuring out this password to unlock discovery?

Thanks.

On Wed, Mar 24, 2021 at 8:20 AM Mercado, Rachel (USATXW) <Rachel.Mercado@usdoj.gov> wrote:

The password I provided is to unzip the zip file. Make sure your CAPS lock is not on before you enter 

the PW. Contact the case agent for any additional file passwords.

From: John de la Vina <delavina.law@gmail.com>  

Sent: Tuesday, March 23, 2021 1:51 PM

To: Mercado, Rachel (USATXW) <RMercado@usa.doj.gov>

Subject: Re: Cory Patton

  

It's really important that I access this discovery.  Any other passwords I can try?

  

Thanks

  

On Tue, Mar 23, 2021 at 10:22 AM John de la Vina <delavina.law@gmail.com> wrote:

Did not work.

  

On Tue, Mar 23, 2021 at 9:17 AM Mercado, Rachel (USATXW) <Rachel.Mercado@usdoj.gov> wrote:

Good morning! Try 1TXW*usao!

From: John de la Vina <delavina.law@gmail.com>  

Sent: Tuesday, March 23, 2021 8:39 AM

To: Mercado, Rachel (USATXW) <RMercado@usa.doj.gov>

Subject: Re: Cory Patton

  

Good morning Ms. Mercado:

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 2 of 8
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I got this BluRay to work (had to go through a few BluRay disc drives).  Now, I'm getting a message that the ZIP file is

password protected ... how do I access its contents?

  

Thanks

  

On Fri, Mar 19, 2021 at 1:26 PM Mercado, Rachel (USATXW) <Rachel.Mercado@usdoj.gov> wrote:

Yes

From: John de la Vina <delavina.law@gmail.com>  

Sent: Friday, March 19, 2021 1:09 PM

To: Mercado, Rachel (USATXW) <RMercado@usa.doj.gov>

Subject: Re: Cory Patton

  

Hi Rachel:

  

The Blu‐ray still isn’t working.  Can I drop off an external drive?

  

Thanks  

John N. de la Viña

Attorney At Law

  

On Feb 23, 2021, at 9:31 AM, Mercado, Rachel (USATXW) <Rachel.Mercado@usdoj.gov> wrote:

  

Counsel- this discovery is ready for pick up at the USAO front desk.

Rachel

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 3 of 8
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From: Marshall, Mark (USATXW) <MMarshall1@usa.doj.gov>  

Sent: Monday, February 22, 2021 1:50 PM

To: John de la Vina <delavina.law@gmail.com>

Cc: Mercado, Rachel (USATXW) <RMercado@usa.doj.gov>

Subject: RE: Cory Patton

  

Same here. 20 Hours no power; five days no water. Glad I still have all my backpacking gear.  

  

Contact Rachel at the USAO and she will let you know when you can get discovery at the front

window of the office.  

  

I will offer him a 5 – 40 year count with cooperation. Possibility of 5K. He will have a lot of relevant

conduct to work off.  

  

Just saw the Pretrial Services report recommending conditions of release. Bad idea for any number

of reasons. Let me know if you intend to pursue release. I will then be in a position of having the

case agent testify to all of the relevant conduct. Probation gets all of that when they prepare the

Pretrial Services Report. Sort of ties everyone’s hands.

  

Let me know. Mark  

  

From: John de la Vina <delavina.law@gmail.com>  

Sent: Monday, February 22, 2021 8:49 AM

To: Marshall, Mark (USATXW) <MMarshall1@usa.doj.gov>

Subject: Re: Cory Patton

  

Mark:

  

WOW, well that was a good way to burn a week.  As you can imagine absolutely nothing happened

work‐wise as electricity was out, and I went into survival mode slipsliding  around Bouldin Creek /

Zilker between mine and my girlfriend's place as we traded off who didn't and did have electricity.

  

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 4 of 8
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So, when would be a good time to grab that discovery?  Also, I am sure Mr. Patton will be open to

entering into a plea agreement in this case.  I anticipate that if we remove the 10 year minimum and

find him somewhere in the range of 7 or so years it would be acceptable.  

  

Now, in regard to state cases that were pending at the time of federal indictment ‐‐‐ is it the

Government's position that the conduct was unrelated to the alleged ongoing conspiracy?  The

reason I ask is to see if any credit he earned on those cases could be potentially honored by the

sentencing court.

  

Thanks.

John N. de la Viña

Attorney At Law

  

On Feb 14, 2021, at 3:28 PM, Marshall, Mark (USATXW)

<mark.marshall@usdoj.gov> wrote:

  

Good afternoon John, Doing our best to stay warm.  

  

Will have discovery in the front window as soon as we get any staff to report to the

office. I am sure that the office will be closed Mon and Tu. This was a T III

investigation. This will most likely take you awhile. Brief summary follows:

  

Federal and State Task Force Agents have been investigating the drug trafficking

organization (DTO) led by Maria Teresa Benitez‐Ugarte in Austin, Texas, since April

2017. During the investigation, Agents identified Cory PATTON as a large‐scale

methamphetamine distributor in the Austin, Texas area. According to multiple

confidential sources, court authorized intercepts of target telephones, physical

surveillance, and drug seizures, PATTON receives kilograms of methamphetamine

and multi‐ounce quantities of heroin from multiple sources to include Maria Teresa

BENITEZ‐Ugarte and Rogelio ARIAS‐Cruz.   

Agents have conducted previous surveillance operations of Benitez‐Ugarte that

have resulted in the seizure of large amounts of methamphetamine from members

of this organization, including Cory PATTON.

  

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 5 of 8
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Based on this and additional information, Agents obtained a series of T III wire and

electronic interception orders that authorized the interception of communications

between November 27, 2018 and October 5, 2018, TT 1‐5. On July 20, 2018 an order

that authorized the interception of wire and electronic communications from 737‐

207‐0636, a telephone number subscribed to and utilized by Cory PATTON, (Target

Telephone #3) was signed.  

  

PATTON was intercepted on 356 pertinent calls on TIII of BENITEZ‐Ugarte (TT#1); on

465 pertinent calls on TIII of BENITEZ‐Ugarte (TT#2); and and equal # of calls on

TT#3 (07‐27‐18 to 10‐06‐18). He is responsible for kilo distributions of meth and

heroin. Dropped phone after he was arrested on unrelated case in WillCo.  

  

Give me a call after you have a chance to review discovery next week. Mark

  

  

From: John de la Vina <delavina.law@gmail.com>  

Sent: Friday, February 12, 2021 3:57 PM

To: Marshall, Mark (USATXW) <MMarshall1@usa.doj.gov>

Subject: Cory Patton

  

Mark:

  

Hope you're well.  It's been a weird 12 months.  Let's chat about Mr. Patton's case,

I'd like to get discovery ASAP.  Curious as to what the relevant conduct ya'll will be

claiming is.

  

Thanks ‐ please let me know when you're free next week.

  

 ‐‐ Best.  

  

‐‐  

John de la Viña, Attorney At Law

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 6 of 8
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702 Rio Grande Street, Austin TX 78701

t: 512.897.3325 • f: 512.501.6307

  

CONFIDENTIALITY / PRIVILEGE NOTE: This communication is confidential 

and privileged, as stipulated by the Electronics Communications Act, 

18 U.S.C. 2510-2522. This legally privileged communication is 

intended only for the personal and confidential use of the 

recipient(s) named above. Unauthorized review, use, disclosure or 

distribution is strictly prohibited. If you are not the intended 

recipient, please cease any further review of the message and any 

attachments, contact me and destroy all copies of the original 

message. Thank you.

  

‐‐  

John de la Viña, Attorney At Law

702 Rio Grande Street, Austin TX 78701

t: 512.897.3325 • f: 512.501.6307

  

CONFIDENTIALITY / PRIVILEGE NOTE: This communication is confidential and privileged, as 

stipulated by the Electronics Communications Act, 18 U.S.C. 2510-2522. This legally privileged 

communication is intended only for the personal and confidential use of the recipient(s) named 

above. Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are 

not the intended recipient, please cease any further review of the message and any attachments, 

contact me and destroy all copies of the original message. Thank you.

  

‐‐  

John de la Viña, Attorney At Law

702 Rio Grande Street, Austin TX 78701

t: 512.897.3325 • f: 512.501.6307

  

CONFIDENTIALITY / PRIVILEGE NOTE: This communication is confidential and privileged, as stipulated 

by the Electronics Communications Act, 18 U.S.C. 2510-2522. This legally privileged communication 

is intended only for the personal and confidential use of the recipient(s) named above. 

Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the 

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 7 of 8
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intended recipient, please cease any further review of the message and any attachments, contact me 

and destroy all copies of the original message. Thank you.

  

‐‐  

John de la Viña, Attorney At Law

702 Rio Grande Street, Austin TX 78701

t: 512.897.3325 • f: 512.501.6307

  

CONFIDENTIALITY / PRIVILEGE NOTE: This communication is confidential and privileged, as stipulated 

by the Electronics Communications Act, 18 U.S.C. 2510-2522. This legally privileged communication 

is intended only for the personal and confidential use of the recipient(s) named above. 

Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the 

intended recipient, please cease any further review of the message and any attachments, contact me 

and destroy all copies of the original message. Thank you.

‐‐  

John de la Viña, Attorney At Law

702 Rio Grande Street, Austin TX 78701

t: 512.897.3325 • f: 512.501.6307

CONFIDENTIALITY / PRIVILEGE NOTE: This communication is confidential and privileged, as stipulated 

by the Electronics Communications Act, 18 U.S.C. 2510-2522. This legally privileged communication 

is intended only for the personal and confidential use of the recipient(s) named above. 

Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the 

intended recipient, please cease any further review of the message and any attachments, contact me 

and destroy all copies of the original message. Thank you.

Case 1:20-cr-00047-RP Document 353-2 Filed 04/19/21 Page 8 of 8