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

Sent: Wednesday, March 24, 2021 9:48 AM

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

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

Subject: Re: Cory Patton

Here is an example of what I’m looking at.

John N. de la Viña

Attorney At Law

On 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

Case 1:20-cr-00047-RP Document 353-1 Filed 04/19/21 Page 1 of 7
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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:

  

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:

Case 1:20-cr-00047-RP Document 353-1 Filed 04/19/21 Page 2 of 7
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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

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.  

  

Case 1:20-cr-00047-RP Document 353-1 Filed 04/19/21 Page 3 of 7
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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.

  

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

  

Case 1:20-cr-00047-RP Document 353-1 Filed 04/19/21 Page 4 of 7
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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.

  

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.  

  

Case 1:20-cr-00047-RP Document 353-1 Filed 04/19/21 Page 5 of 7
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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

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 353-1 Filed 04/19/21 Page 6 of 7
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‐‐  

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.

  

‐‐  

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 353-1 Filed 04/19/21 Page 7 of 7