Uber driver charged with rape had federal drug conviction

Uber cab driver Duncan Burton, 57, arrested and charged of sexual assault on a drunk female passenger. According to court documents, Burton performed sexual acts on the woman who he knew was unconscious and unaware and could not provide consent. less Uber cab driver Duncan Burton, 57, arrested and charged of sexual assault on a drunk female passenger. According to court documents, Burton performed sexual acts on the woman who he knew was unconscious and ... more Photo: handout Photo: handout Image 1 of / 1 Caption Close Uber driver charged with rape had federal drug conviction 1 / 1 Back to Gallery

An Uber driver arrested last week and charged with sexually assaulting a passenger was released from federal prison and sent to a Houston halfway house in November 2012, but nevertheless received approval to drive for the ride service.

Duncan Burton served 14 years for conspiracy to possess with intent to distribute cocaine, according to court records and the U.S. Bureau of Prisons. He was convicted by a jury in Houston and served time in Beaumont, Louisiana and Georgia before being released in 2012, according to the federal prison agency.

Although sentenced originally to 18 years, he had earned nearly three years of good conduct time and had about two years of jail time.

Burton, 57, was arrested Wednesday and charged with one count of sexual assault, a second-degree felony. If convicted, Burton faces a maximum sentence of 20 years in prison. He remains in the Harris County Jail without bail.

Uber spokeswoman Debbee Hancock said Monday that Burton passed the company's background checks. She could not immediately be reached Tuesday to respond to the disclosure of Burton's drug conviction.

Someone with a negotiated drug conviction on his or her record would not be eligible for a city-issued permit, but could appeal and attempt to receive one, said Lara Cottingham, deputy assistant director in the city's Regulatory Affairs Department.

Burton did not have a city permit, but was still accepting passengers for Uber until April 2, when the company was made aware of his arrest and removed him from the system.