SIOUX FALLS, S.D. (Dakota News Now) – A Sioux Falls man has died while in custody at the South Dakota State Penitentiary.

According to the Department of Corrections, 39-year-old Andrew Gordon passed away on Tuesday.

Gordon was indicted for Making a False Statement in the Acquisition of a Firearm and Possession of a Firearm by a Prohibited Person by a federal grand jury in December of 2022. He pleaded guilty in 2023.

According to the United States Attorney’s Office, Gordon was sentenced on March 25 of this year for Making a False Statement in the Acquisition of a Firearm and ordered to serve three years of probation. He was ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.

“In September of 2022, Burnett, a convicted felon, sought to purchase a firearm. Gordon agreed to purchase a firearm for Burnett at a premium. The entire transaction was captured on surveillance video of Burnett and Gordon at a licensed federal firearms business in Sioux Falls. Burnett picked out a gun, counted out and handed Gordon the cash, Gordon made the purchase of the firearm, then Gordon handed Burnett the firearm once they both exited the store. This transaction is commonly referred to as a “straw purchase.”

He had been housed in the Jameson Annex for the U.S. Marshals Service since May 17.