Can a "procuring agent" be considered a procuring agent for a section 4705(a) charge under section 174 of the Criminal Code?

3. Even if we accepted appellant's premise that a "procuring agent" instruction might have been appropriate as applied to the section 4705(a) charge, failure to give such an instruction would be harmless. "It is the law in this circuit that a mere `procuring agent' can be convicted of counts charging `facilitation' of possession or sale of narcotics." Cerda v. United States, 391 F.2d 219, 220 (9th Cir. 1968). The section 174 counts charged facilitation of possession and sale, and the prison sentences on all counts were equal and concurrent.