Help me find the problem in this text Laurence J. Layton, a. k. a. Larry Layton, has been indicted on four counts arising from the events which occurred at Port Kaituma airport in Guyana on November 18, 1978. Those events led to the killing of Congressman Leo Ryan and the wounding of Richard Dwyer, Deputy Chief of Mission for the United States in the Republic of Guyana.

On October 9, 1980, an indictment was filed which charges Mr. Layton with (1) conspiracy to murder a Congressman (18 U. S.C. § 351(d)); (2) aiding and abetting in the murder of a Congressman (18 U. S.C. §§ 351(a), 2; (3) conspiracy to murder an internationally protected person (18 U. S.C. § 1117); and (4) aiding and abetting in the attempted murder of an internationally protected person (18 U. S.C. §§ 1116(a), 2). At the time this indictment was filed, Mr. Layton was in prison in Guyana pending the resolution of charges brought against him in that country. The indictment was filed in the Northern District of California, which was the district of Mr. Layton's last known residence in the United States. 18 U. S.C. § 3238. On or about November 20, 1980, Mr. Layton was released from prison in Guyana and taken into the custody of F. B.I. agents there. He was then brought, in custody, to San Francisco via New York. During a stopover in New York, Layton was removed from the airplane and arraigned. Immediately thereafter, he was brought to San Francisco to face trial on the instant charges.

The government, invoking 18 U. S.C. § 3238, asserts that venue is proper in this district. Section 3238 provides:

The trial of all offenses begun or committed on the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment may be filed in the District of Columbia.

The government reads the two major clauses of this section in the disjunctive. Under its reading, if an indictment is filed before the offender is arrested in this country, or brought into this country, it may be filed in the district of the offender's last known residence and the first clause of the statute becomes inoperative: the trial is to be held in the district in which the indictment was filed, rather than in the district where the offender is subsequently "arrested or first brought."