JOHN DANIEL  
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District 
of Virginia, at Newport News. Raymond A. Jackson, District Judge. 
(CR-95-54, CA-98-377-2)
Submitted: November 4, 1999 Decided: December 20, 1999
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Daniel  
Appellant Pro Se. 
Arenda L.
Wright Allen, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See 
Local Rule 36(c).

PER CURIAM:
John Daniel seeks to appeal the district court's order
denying his motion filed under 28 U.S.C.A. sec. 2255 (West Supp. 1999). 
The district court has since entered an order vacating and rescinding the
appealed from order. Accordingly, we deny a certificate of 
appealability and dismiss the appeal for lack of jurisdiction.
[ * Because of the procedural history of this case,  LeaSure retains his
right to file a sec.  2255 motion, if necessary, following disposition of
his direct appeal without seeking permission pursuant to 28 U.S.C.A. sec.
2244 (West 1994 & Supp.  1999).  ]*

We dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and argument
would not aid the decisional process.

DISMISSED