What is the test for arguments of justification and necessity to establish a defense to a violation of 18 U.S.C. Sec. 1382?

We have consistently held that arguments of justification and necessity are insufficient to establish a defense to a violation of 18 U.S.C. Sec. 1382. United States v. May, 622 F.2d 1000, 1008 (9th Cir.), cert. denied, 449 U.S. 984, 101 S.Ct. 402, 66 L.Ed.2d 247 (1980); United States v. Lowe, 654 F.2d 562 (9th Cir.1981). Furthermore, it is not necessary for the judge to hear arguments on evidence already held legally insufficient by this court. United States v. Lowe, 654 F.2d at 567. Therefore, we hold the magistrate did not abuse his discretion by excluding the evidence.