Amazon MP3 files won't sync in Smart Playlist

For the last couple weeks my Amazon MP3 files are in iTunes, sync to iPod but won't sync in Smart Playlist. iPod Touch 5, iOS 7.0.4
My entire library is MP3.  I keep no AAC files and very few iTunes songs because it is an additional step to convert them.  My songs are used on multiple devices, including Android and I have a fear of commitment.  It isn't that I don't trust Apple (okay it is) but I don't trust anyone.  I'm against proprietary anything.  If I couldn't keep it in MP3 I wouldn't have an iPod.
I bought an album and several songs and they sync to the iPod but not to any created Smart Playlist.  It is kinda weird.  I changed the list to only an hour and that made the list entirely the new songs but when I did the sync to my iPod Touch 5, different songs were there.  Same number of songs, same display of time.  When I look in iTunes under iPod, it says the correct songs are synced.  The iPod itself tells a different story.
The songs are on the iPod.  I can find them individually and play them, no problem.  The Smart Playlist is for songs not played in the last 30 days, better than 3 Star rating.  I deleted the Smart Playlist and created an new one with a different name from scratch, same result.
What gives?

  Have No Ideas

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