Whether the term 'offense' in the double jeopardy provision of extradition treaties refers to underlying conduct or elements of crimes

QUESTION PRESENTED Whether the term “offense” in the double jeopardy provision of the United States-India extradition treaty and many other extradition treaties refers to the conduct underlying the charges in the two countries, as the Second Circuit has held, or to the elements of the crimes charged, as the Fourth Circuit has held and as the Ninth Circuit held in this case.