COURT OF APPEALS FOR THE SECOND CIRCUIT
United States v. Hausa
18‐566‐cr
United States v. Hausa
United States Court of Appeals
for the Second Circuit
AUGUST TERM 2018
No. 18‐566‐cr
UNITED STATES OF AMERICA
Appellee,
v.
ADNAN IBRAHIM HARUN A HAUSA, also known as SPIN GHUL,
also known as ESBIN GOL, also known as ISBUNGOUL,
also known as ABU TAMIM, also known as JOSEPH JOHNSON,
also known as MORTALA MOHAMED ADAM,
Defendant‐Appellant.
ARGUED: FEBRUARY 22, 2019
DECIDED: APRIL 24, 2019
Before: KEARSE, JACOBS, HALL, Circuit Judges.
Adnan Ibrahim Harun Adam Hausa appeals from his conviction after a
jury trial in the United States District Court for the Eastern District of New York
(Cogan, J.) on five counts related to his participation in attacks on United States
and coalition forces in Afghanistan while a member of al‐Qaeda. Hausa argues
that he was denied his Sixth Amendment right to self‐representation and that the
government failed to prove that his conspiracy to murder U.S. nationals occurred
within the jurisdiction of the United States. We AFFIRM.
ARZA FELDMAN, Feldman & Feldman,
Uniondale, NY, for the Defendant‐
Appellant.
MATTHEW J. JACOBS, Assistant United States
Attorney (DAVID C. JAMES, Assistant United
States Attorney, on the brief), for RICHARD
P. DONOGHUE, United States Attorney,
Eastern District of New York, Brooklyn,
NY, for the Appellee.
PER CURIAM:
Adnan Ibrahim Harun Adam Hausa, a member of al‐Qaeda, attacked
United States and Afghan coalition forces in Afghanistan, including one assault
that resulted in the death of two American soldiers. Italian authorities arrested
Hausa in 2011 and extradited him to the United States for trial in the United
States District Court for the Eastern District of New York (Korman, J.; Cogan, J.).
Hausa stated that he wanted to proceed without counsel, and the district
court held a series of conferences to evaluate Hausa’s competence both to stand
trial and to waive counsel. “Because a defendant who decides to act pro se
relinquishes traditional benefits associated with formal legal representation, the
district court must ensure that the accused made [that] decision ‘knowingly and
intelligently.’” Torres v. United States, 140 F.3d 392, 401 (2d Cir. 1998) (quoting
Faretta v. California, 422 U.S. 806, 835 (1975)). At each conference, Hausa
obstructed and disrupted proceedings: he demanded transfer to an international
court, declared himself an enemy of the court, refused to answer the court’s
questions, cursed at the judge and threatened to kill him. Hausa’s demand to
represent himself was denied.
Hausa was convicted after a jury trial on five counts related to his attacks
on U.S. soldiers: (1) conspiracy to murder U.S. nationals, in violation of 18